Jump to content
bemydruidess

Affidavit of Support woes for second AOS

5 posts in this topic

Recommended Posts

Hi all.

Quick question.

My fiancé was previously married to an EU citizen. She entered on a VWP and they married before filing for AOS.

She got her green card and decided she wanted nothing to do with him (funny that...) and they have divorced.

We are now looking at he and I taking the K1 route and I understand him filling in an Affidavit of Support is a part of the process.

My worry is that as he filed an Affidavit of Support for her, and was her sponsor, that he will need to include her in this form.

This link (http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf) shows the minimum income requirements to fill in the I864, so my question is, HOW is this woman going to affect him being my sponsor?

Does it mean our household size is 3, rather than 2 (including her)?

I do hope this makes sense to someone!

Share this post


Link to post
Share on other sites

How long ago did he sponsor her? Do you know if she is a US citizen now?


F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

Share this post


Link to post
Share on other sites

If she were to become a US citizen then his responsibilities that he agreed to when he signed the I864 would be terminated. How long has it been since she got her green card? If it's been 5 years then it is possible that she is a USC.

From page 8 of the I864 form: http://www.uscis.gov/sites/default/files/files/form/i-864.pdf

When Will These Obligations End?

Your obligations under a Form I-864 that you signed will end if the person who becomes a lawful permanent resident based on that affidavit:

A. Becomes a U.S. citizen;
B. Has worked, or can receive credit for, 40 quarters of

coverage under the Social Security Act;

C. No longer has lawful permanent resident status and has departed the United States;

D. Is subject to removal, but applies for and obtains, in removal proceedings, a new grant of adjustment of status, based on a new affidavit of support, if one is required; or

E. Dies.
NOTE: Divorce does not terminate your obligations under

Form I-864.

Your obligations under a Form I-864 that you signed also end if you die. Therefore, if you die, your estate is not required to take responsibility for the person's support after your death. However, your estate may owe any support that you accumulated before you died.


F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

Share this post


Link to post
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
- 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.
×