I-864EZ and previous divorce

[Ina2017 40]

Hi all

 

I am hoping to receive some advice please. 

 

My husband (petitioner) and I are now ready to progress to our application at the NVC. We have been going through the Affidavit of Support form I-864EZ and have a question in relation to:

 

Part 4: Information about your household.  

 

1.d.  If you have sponsored any other persons on a Form I-864 who are now lawful permanent residents in the United States, enter the number here.

 

Background:

• My husband was previously married in 2009 and submitted a I-130 petition for his then wife which was approved and she received her conditional green card in 2010.
• The relationship didn't work out (they married due to family pressure and worked out that they were extremely incompatible) and their divorce was finalized in 2011.
• As part of the divorce judgement my husband was instructed to pay $300/month in alimony for a period of 6 months (June to December 2011).
• He paid the complete alimony as instructed.
• My husband has had no contact with his ex-wife since 2010 and has not financially contributed anything to her since the end of the alimony payment period (December 2011).
• He has heard through the 'grapevine' that his ex-wife remarried in 2012/2013 and obtained her US citizenship. We obviously do not have proof of this.
• I met my husband in 2015, we married in 2016, submitted our I-130 in 2017.

 

Question:

 

My understanding from the instructions to complete I-864EZ is that financial obligation ends when someone becomes a US citizen (https://www.uscis.gov/sites/default/files/files/form/i-864ezinstr.pdf.

 

Therefore are we still required to count the ex-wife on the I-864EZ Part 4: 1D given that she has re-married and we understand anecdotally that she is US citizen now?

 

I have tried calling the NVC and the lady I spoke to said that she cannot provide any advice in relation to this. I have attempted to search the forums and other online resources but can't seem to find any definitive advice. 

 

I would be incredibly grateful if someone could help us correctly interpret this question based on the background.

 

I'd be happy to provide more information if required. 

 

Many thanks in advance

 

Ina

[Ina2017 40]

Bumping up.  Would appreciate some advice please. 

 

Thank you

 

Ina

[NatalieC136 36]

I can't advise but maybe @pushbrk can? 

[Ina2017 40]

7 hours ago, NatalieC136 said:

I can't advise but maybe @pushbrk can? 

Thank you @NatalieC136. Hoping @pushbrksees this 🤞😊

[pushbrk 12,106]

I've been away a few days.  If you are confident she is a Citizen now, don't counter her.  If you're not confident, find out, or count her.  You don't need proof.  You need "knowledge".

[Ina2017 40]

4 hours ago, pushbrk said:

I've been away a few days.  If you are confident she is a Citizen now, don't counter her.  If you're not confident, find out, or count her.  You don't need proof.  You need "knowledge".

Hi @pushbrk thank you for the advice.

 

Could I clarify - we still need to count her even though my husband has had nothing to do with her for 6 years, certainly not financially? 

 

I'm just trying to understand how this works and the implications for our application. 

 

Many thanks 

Ina 

[pushbrk 12,106]

5 hours ago, Ina2017 said:

Hi @pushbrk thank you for the advice.

 

Could I clarify - we still need to count her even though my husband has had nothing to do with her for 6 years, certainly not financially? 

 

I'm just trying to understand how this works and the implications for our application. 

 

Many thanks 

Ina 

Yes, of course.  Even without reading the critically important INSTRUCTIONS, the question itself is quite clear.  Unless he KNOWS she is a Citizen, has died, or left the US permanently, she IS a person that fits in that category and must be counted.  There are no qualifiers or exceptions to the question.  It's clear and literal.  Read carefully, interpret literally, and answer accurately.

[Ina2017 40]

22 hours ago, pushbrk said:

Yes, of course.  Even without reading the critically important INSTRUCTIONS, the question itself is quite clear.  Unless he KNOWS she is a Citizen, has died, or left the US permanently, she IS a person that fits in that category and must be counted.  There are no qualifiers or exceptions to the question.  It's clear and literal.  Read carefully, interpret literally, and answer accurately.

Thank you @pushbrk.

 

We have read through the instructions and as much information we could find online prior to asking for advice.

 

As a first time applicant, I wasn't sure how to proceed with the fact that we have been told she's a US citizen now but we have no way to substantiate this information so the quandary was to count or not to count. 

 

Thank you for the clarification, we appreciate your help. 

 

Ina