Jump to content
rflinn

Question regarding Affidavit of Support form I-134

By rflinn in US Embassy and Consulate Discussion

 Share

16 posts in this topic

Recommended Posts

rflinn Newbie

rflinn   0

Posted
Filed: K-1 Visa Timeline
Posted

I have a question regarding questions 9 & 10 on the I-134 Affidavit of Support form. I previously filed both and affidavit of support and a k-1 visa in the past (5 years ago) for my now ex-wife - we are divorced and I am not now responsible for her support. I guess I am to list her name and the dates for questions 9 & 10 - but I am concerned that the u.s. government may think I am still responsible for her support - do I add an attachment to the I-134 with an explanation???? With this new k-1 and new affidavit of support that I am filing for my fiancee, I don't want the u.s. government to think that I will be responsible for supporting my ex-wife, while offering support for my current fiancee. Please help!

Link to comment
Share on other sites
JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted
I have a question regarding questions 9 & 10 on the I-134 Affidavit of Support form. I previously filed both and affidavit of support and a k-1 visa in the past (5 years ago) for my now ex-wife - we are divorced and I am not now responsible for her support. I guess I am to list her name and the dates for questions 9 & 10 - but I am concerned that the u.s. government may think I am still responsible for her support - do I add an attachment to the I-134 with an explanation???? With this new k-1 and new affidavit of support that I am filing for my fiancee, I don't want the u.s. government to think that I will be responsible for supporting my ex-wife, while offering support for my current fiancee. Please help!

If you submitted an affidavit of support for your ex-wife then you have to list it on question 9. If you submitted a K-1 visa petition for her than you have to list it on question 10. The consulate will already know about these, and if you don't list them it can be considered a material misrepresentation; i.e., visa denied.

Did your ex-wife adjust status? If you submitted an I-864 for her than I've got bad news for you - you ARE still responsible for her support, unless she's become a US citizen, or she's lost her US residency, or she's accumulated 40 quarters of SSA work credits, or she's dead. However, you don't have to list her as a dependent (i.e., include her in your household size) unless you are being compelled to support her by a court order.

Sorry. :blush:

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Link to comment
Share on other sites
rflinn Newbie

rflinn   0

Posted
Filed: K-1 Visa Timeline
  • Author
Posted
I have a question regarding questions 9 & 10 on the I-134 Affidavit of Support form. I previously filed both and affidavit of support and a k-1 visa in the past (5 years ago) for my now ex-wife - we are divorced and I am not now responsible for her support. I guess I am to list her name and the dates for questions 9 & 10 - but I am concerned that the u.s. government may think I am still responsible for her support - do I add an attachment to the I-134 with an explanation???? With this new k-1 and new affidavit of support that I am filing for my fiancee, I don't want the u.s. government to think that I will be responsible for supporting my ex-wife, while offering support for my current fiancee. Please help!

If you submitted an affidavit of support for your ex-wife then you have to list it on question 9. If you submitted a K-1 visa petition for her than you have to list it on question 10. The consulate will already know about these, and if you don't list them it can be considered a material misrepresentation; i.e., visa denied.

Did your ex-wife adjust status? If you submitted an I-864 for her than I've got bad news for you - you ARE still responsible for her support, unless she's become a US citizen, or she's lost her US residency, or she's accumulated 40 quarters of SSA work credits, or she's dead. However, you don't have to list her as a dependent (i.e., include her in your household size) unless you are being compelled to support her by a court order.

Sorry. :blush:

Link to comment
Share on other sites
Gary and Alla Grand Master

Gary and Alla   3,694

Posted
Filed: Citizen (apr) Country: Ukraine
 Timeline
Posted
I have a question regarding questions 9 & 10 on the I-134 Affidavit of Support form. I previously filed both and affidavit of support and a k-1 visa in the past (5 years ago) for my now ex-wife - we are divorced and I am not now responsible for her support. I guess I am to list her name and the dates for questions 9 & 10 - but I am concerned that the u.s. government may think I am still responsible for her support - do I add an attachment to the I-134 with an explanation???? With this new k-1 and new affidavit of support that I am filing for my fiancee, I don't want the u.s. government to think that I will be responsible for supporting my ex-wife, while offering support for my current fiancee. Please help!

Unless your ex wife has become a citizen OR left the country and surrendered her green card, you ARE responsible for her and she counts in your family size. If she ahs become a citizen, get a copy of her citizenship certificate and submit it as proof that she is no longer a "dependent"

I have a question regarding questions 9 & 10 on the I-134 Affidavit of Support form. I previously filed both and affidavit of support and a k-1 visa in the past (5 years ago) for my now ex-wife - we are divorced and I am not now responsible for her support. I guess I am to list her name and the dates for questions 9 & 10 - but I am concerned that the u.s. government may think I am still responsible for her support - do I add an attachment to the I-134 with an explanation???? With this new k-1 and new affidavit of support that I am filing for my fiancee, I don't want the u.s. government to think that I will be responsible for supporting my ex-wife, while offering support for my current fiancee. Please help!

If you submitted an affidavit of support for your ex-wife then you have to list it on question 9. If you submitted a K-1 visa petition for her than you have to list it on question 10. The consulate will already know about these, and if you don't list them it can be considered a material misrepresentation; i.e., visa denied.

Did your ex-wife adjust status? If you submitted an I-864 for her than I've got bad news for you - you ARE still responsible for her support, unless she's become a US citizen, or she's lost her US residency, or she's accumulated 40 quarters of SSA work credits, or she's dead. However, you don't have to list her as a dependent (i.e., include her in your household size) unless you are being compelled to support her by a court order.

Sorry. :blush:

Jim, it is my understanding they ARE counted in family size unless released from the I-864 (by the means you listed) as he "could" become responsible for her. If that is wrong, good news for the OP and I would appreciate the clarification

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Link to comment
Share on other sites
JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted
Jim, it is my understanding they ARE counted in family size unless released from the I-864 (by the means you listed) as he "could" become responsible for her. If that is wrong, good news for the OP and I would appreciate the clarification

You're probably correct. I couldn't find any guidance on this in the I-134 instructions, but the I-864 instructions are clear that previously sponsored beneficiaries are to be included if the sponsor is still obligated to support them.

Thanks for correcting me! :thumbs:

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Link to comment
Share on other sites
Gary and Alla Grand Master

Gary and Alla   3,694

Posted
Filed: Citizen (apr) Country: Ukraine
 Timeline
Posted
Jim, it is my understanding they ARE counted in family size unless released from the I-864 (by the means you listed) as he "could" become responsible for her. If that is wrong, good news for the OP and I would appreciate the clarification

You're probably correct. I couldn't find any guidance on this in the I-134 instructions, but the I-864 instructions are clear that previously sponsored beneficiaries are to be included if the sponsor is still obligated to support them.

Thanks for correcting me! :thumbs:

I have only anecdotal evidence from two cases I know of where the USC did have to count the former spouse in family size, that is why I understood that. In both cases the petitioner made well over the amount needed anyway.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Link to comment
Share on other sites
Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

My ex wife was a foreign national that I sponsored at AOS. When I did the I-134 and I-864 for Linh I did include my ex in the household size calculation as my ex had not yet become a citizen nor completed the 40 quaters of work.

As stated before the divorce does not end the I-864 obligation. See the I-864 instructions, page 3 for the answer to: How Long Does My Obligation as a Sponsor Continue?

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Link to comment
Share on other sites
HWANG0926 Collaborator

HWANG0926   0

Posted
Filed: K-1 Visa Country: South Korea
 Timeline
Posted

I have applied for I864 before and i listed everything just as it is on the I134 form. Didn't have any trouble.

Just list everything as it is... its if you are not honest that can cause problems.

Timeline:

2/18/2009: Mailed I-129F Form

2/20/2009: NOA 1 Receipt Date

3/20/2009: NOA 2 Notice Approval Date

05/28/2009: Interview APPROVED

7/22/2009 --POE (LAX)-- We are together forever <3

AOS Journey Begins Here ^------^

7/28/2009 -- Applied for SSN & Registered for Marriage License

8/3/2009 -- Civil Ceremony

8/5/2009 -- Received Marriage Certificate via Express Mail. Pass DMV Written Exam & Received Permit

08/11/2009-- Mailed AOS to Chicago, IL

08/17/2009 -- Check clears $1010 USCIS

8/20/2009- Touched ^---^

8/21/2009-- NOA 1 for I-485 and I-765 Hard Copy

08/29/2009-- Received Biometrics Appointment Letter in the mail, dated 08/26

09/03/2009 -- Early Walk In Biometrics Appt (Original Date 09/23)

09/04/2009 -- Touched ^---^

09/29/2009 -- EAD Card Production

10/07/2009 -- EAD Card Received

10/16/2009 AOS I-485 Interview in Los Angeles(APPROVED)

10/28/2009 -- GC in HAND <3

Link to comment
Share on other sites
Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted
I had a question... I thought for number 10, you just write the current petition for whom you are filing for... if it asked for previous it would have said previously submitted for wouldn't it?

Q 10 is about the visa application. See the example form here on VJ for guidance.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Link to comment
Share on other sites
Waitingpatiently Enthusiast

Waitingpatiently   0

Posted
Filed: K-1 Visa Timeline
Posted

yeah so it would be my fiance's name and the date submitted and the relationship..not any previous petitions submitted, the question is clearly in its present form as opposed to question 9 which states previously submitted. so wouldn't it be current... for example my dad is my co sponsor so he wouldn't have to fill that out so he would write none and when i'm filling the affidavit out i would have to fill q10 out because he is my fiance

Link to comment
Share on other sites
OKIE2 Explorer

OKIE2   0

Posted
Filed: K-1 Visa Country: China
 Timeline
Posted
I'm sorry, is the co sponsor... not my co sponsor

Correct me if I'm wrong but what Jim Said is true.

I think there are really 5 ways to be released from prevous I-134

1 ex loose geen card rights

2 ex work 10 yrs

3 ex gets citizenship

4 ex died

5 or divorced and the ex remarried

You may be only one person in the world,

but you may be the whole world to one person

LIVED IN YUDU CHINA SINCE 5-5-2008

SENT 129F AUG 5 2008

NOA1 AUG 13TH 2008--8 DAYS

NOA2 MAR 20TH 2009--227 DAYS

RECEIVED P3 MAY18TH--286 DAYS

RETURNED P3 MAY 19TH--287 DAYS

RECEIVED P4 JULY 3 4:30 PM

JUST 351 DAYS TO GET INTERVIEW

INTERVIEW DATE JULY 30TH 7:30 AM

RECEIVED A BLUE GOT IT TAKEN CARE OF

NOW INTO A DNA TEST

R4ECEIVED VISAS 3-26-2010 FOR VISAS

POE SAN FRANSISCO APRIL 6TH 2010

HAVE BE IN THE SYSTEM FOR 1 YR 8 MO 16 DAYS

Link to comment
Share on other sites
Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted
I'm sorry, is the co sponsor... not my co sponsor

Correct me if I'm wrong but what Jim Said is true.

I think there are really 5 ways to be released from prevous I-134

1 ex loose geen card rights

2 ex work 10 yrs

3 ex gets citizenship

4 ex died

5 or divorced and the ex remarried

This would apply to the I-864, not I-134. The I-134 isn't really that strong of a document, especially in the K visa process.

#5 Divorce does not remove the obligation.

1 - 4 do apply to the I-864. #2 is really 40 qualifying quarters of work. Not a simply defined measure.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...