Green card renewal

[andrada 0]

Hello,

I am in the process to renew my green card as waiver as a batter spouse and I was wodering if this will deny my application because of I do not have a job in this moment. Does anybody can give me any suggestion? Does anybody can give me any suggestion?

[diadromous mermaid 36]

Are you worried that as a self-petitioner you would be asked to show a certain level of inceome? Your former petitioner's I-864 should still be in place.

Hello,

I am in the process to renew my green card as waiver as a batter spouse and I was wodering if this will deny my application because of I do not have a job in this moment. Does anybody can give me any suggestion? Does anybody can give me any suggestion?

[andrada 0]

Hello,

I am in the process to renew my green card as waiver as a batter spouse and I was wodering if this will deny my application because of I do not have a job in this moment. Does anybody can give me any suggestion? Does anybody can give me any suggestion?

Thank you for taking the time to reply, I appreciate it. After I read the form I -864 I noticed it states that a divorce does not terminate the sponsor's financial obligations. However, I find this contradicting because in my dissolution of marriage it states that each party is barred from asserting any right of alimony or maintenance from the other; past, present, or future. IN ADDITION, I qualify under article 4 as follow: If you are filing as a self-petition battered spouse or child using Form I-360, you are exempt from the Affidavit of Support requirements if your Form I-360 is approved and you are applying for lawful permanent residence. Could somebody also clarify/confirm the article 4 information for me?

[JimVaPhuong 4,863]

Thank you for taking the time to reply, I appreciate it. After I read the form I -864 I noticed it states that a divorce does not terminate the sponsor's financial obligations. However, I find this contradicting because in my dissolution of marriage it states that each party is barred from asserting any right of alimony or maintenance from the other; past, present, or future. IN ADDITION, I qualify under article 4 as follow: If you are filing as a self-petition battered spouse or child using Form I-360, you are exempt from the Affidavit of Support requirements if your Form I-360 is approved and you are applying for lawful permanent residence. Could somebody also clarify/confirm the article 4 information for me?

The text you quoted is from the I-864W.

I haven't read too much about this, but my understanding is that the I-864W is only if you're self-petitioning for a VISA as a battered spouse. Certain spouses of US citizens and LPR's who qualify as battered spouses, and who've lost their status and are living outside the US, can self-petition for a visa to re-enter the US as LPR's. The I-864W allows these spouses (and other self-petitioning immigrants) to waive the sponsor requirements if they can demonstrate they will not become a public charge.

If you're already in the US, then you shouldn't need to file the I-864W. This form is supposed to be filed with a visa petition. Unless you've earned 40 quarters of work credit, or your sponsor has died, then the I-864 he filed should still be in effect. The I-864 is a contract with the US government. He cannot unilaterally nullify it with the terms of a divorce.

[diadromous mermaid 36]

Not true. The I-864W is filed if an alien is otherwise exempt from filing an I-864. In the instructions it states, and this applies to the instant (OP's) case:

You must use this form instead of Form I-864 with your application for an immigrant visa or adjustment of status ifany of the following apply:

...

You are filing for an immigrant visa as a self-petitioning battered spouse or child. If you are filing as a self-petitioning battered spouse or child using Form I-360, you are exempt from the Affidavit of Support requirements if your Form I-360 is approved and you are applying for lawful permanent residence.

Thank you for taking the time to reply, I appreciate it. After I read the form I -864 I noticed it states that a divorce does not terminate the sponsor's financial obligations. However, I find this contradicting because in my dissolution of marriage it states that each party is barred from asserting any right of alimony or maintenance from the other; past, present, or future. IN ADDITION, I qualify under article 4 as follow: If you are filing as a self-petition battered spouse or child using Form I-360, you are exempt from the Affidavit of Support requirements if your Form I-360 is approved and you are applying for lawful permanent residence. Could somebody also clarify/confirm the article 4 information for me?

The text you quoted is from the I-864W.

I haven't read too much about this, but my understanding is that the I-864W is only if you're self-petitioning for a VISA as a battered spouse. Certain spouses of US citizens and LPR's who qualify as battered spouses, and who've lost their status and are living outside the US, can self-petition for a visa to re-enter the US as LPR's. The I-864W allows these spouses (and other self-petitioning immigrants) to waive the sponsor requirements if they can demonstrate they will not become a public charge.

If you're already in the US, then you shouldn't need to file the I-864W. This form is supposed to be filed with a visa petition. Unless you've earned 40 quarters of work credit, or your sponsor has died, then the I-864 he filed should still be in effect. The I-864 is a contract with the US government. He cannot unilaterally nullify it with the terms of a divorce.

Edited July 11, 2009 by diadromous mermaid

[andrada 0]

I am still confused in regard to this matter and I will explain in more details. I filed WAWA(I-360) and it is pending. In addition my X husbund filed the I-864 in 2007 and right now I have to self petition as a batter spouse. Does this mean that I do not have to prove the ability of financial stability or

financial self-support?

[diadromous mermaid 36]

What type of self-petition are you referring to? If you have filed a VAWA claim, you need to wait to receive approval before moving on to stage number 2 which would be to adjust status.

At that point, at the adjustment of status phase, all aliens need to demonstrate that they will not be a public charge, except qualifying aliens.

A qualifying alien would be one that has either satisfied the 40 quarters work requirement, or an alien that will become a citizen upon admission, or an alien that has been delcared battered.

Here you go, from the form I-864 itself...

Are There Exceptions to Who Needs This Form?

The following types of intending immigrants do not need to file this form:

Any intending immigrant who has earned or can be credited with 40 qualifying quarters (credits) of work in the United States. In addition to their own work, intending immigrants may be able to secure credit for work performed by aspouse during marriage and by their parent(s) while the immigrants were under 18 years of age.

Any intending immigrant who will, upon admission, acquire U.S. citizenship under section 320 of the Immigration and Nationality Act, as amended by the Child Citizenship Act of2000 (CCA);

Self-petitioning widow/ers who have an approved Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360; and

Self-petitioning battered spouses and children who have an approved Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360. (This is you)

NOTE: If you qualify for one of the exemptions listed above, submit Form I-864W, Intending Immigrant's I-864 Exemption, instead of Form I-864.

I am still confused in regard to this matter and I will explain in more details. I filed WAWA(I-360) and it is pending. In addition my X husbund filed the I-864 in 2007 and right now I have to self petition as a batter spouse. Does this mean that I do not have to prove the ability of financial stability or

financial self-support?

[andrada 0]

Thank you for all the support offered to me , you are very nice and helpful.