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I-864 concerns

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I was just made aware by a friend who is going through immigration processes that I am probably still obligated by form I-864 if my ex wife decided to apply for some type of welfare program or sue me if she does not meet poverty guidelines. I am concerned because I am in a very happy committed relationship (with an American citizen) and we are expecting a baby. Needless to say, I want to ensure my financial security. I confirmed that the ex wife's I-751 was approved, but I doubt she will apply for citizenship, and I doubt she will leave the USA or be deported. So, looking at the other ways this contract is nullified, I've done the math, and it's been about 11 quarters or so - the requirement is 40.

She is a school teacher and probably makes more money than I do. Furthermore, she is in another relationship and I'm sure that guy makes more than double of what I make. The divorce was finalized in 2015 and I'm not paying alimony or anything. Do I have a reason to worry that I might be sued by her or the government? She assured me when we divorced that she wouldn't try to cause any problems like that, but I want to eliminate all doubts and forfeit the I-864 obligations if at all possible.

Finding all this out makes me really angry because I found out she was cheating on me - that is what led up to the divorce. I have proof of it, too; screenshots of her computer logged into dating websites and web browser history that indicates her intent to divorce me and stay a US citizen. I wish that I would have sued her during the divorce, but I didn't have the financial means to hire a lawyer in the process.

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You can't forfeit the I-864. Once you sign and send it in, you are tied to it. It sounds like you both have moved on and that she is working and holding her own. If she continues, then you won't have anything to worry about.

If she did, one day, receive social assistance, my understanding is that you would be responsible for it... now that said I have no idea how they go about getting that money from you or how that works. Maybe someone on here more familiar can tell you.

I don't think there was anything a lawyer could do either. You can't back out of the I-864, the whole point of it is that by bringing your spouse to the country that you are prepared to support financially. Whether you remained married or not.

If this was me, I would move on and hope for the best. I would also try my best to keep things on OK terms with her if that is possible.


K-1 Visa Timeline


04/21/2014: Submitted I-129F

05/29/2014: NOA2 via email

01/20/2015: Visa Received

03/15/2015: POE

04/01/2015: Married!! (L)

04/11/2015: Submitted AOS / EAD / AP

10/09/2015: Green Card Approved

07/20/2017: Submitted I-751 ROC

07/27/2017: NOA1 Received

10/14/2017: Biometrics Waived

10/27/2018: ROC Approved


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It is very unlikely you'll get sued by the government, but there is no way to make sure, unless you find out she got citizenship (or died, left the country, or did her 40 quarters).

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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