I-134 form, previously submitted affidavits and petitions

[brazilk1visa 12]

Hello everyone, 

 

This is tricky, so bear with me. I am filing out a I-134 form for my consulate interview in about 2 weeks and this came up. 

 

Backstory: In 2007/2008, my employer applied to get me a green card. At the time I got married and my employer filed concurrently the I-140 and I-485, so my wife at the time got the green card too. She was already in the US under an EB-1, we just made the green card process as a married couple.

I have no access to these filings because they were a long time ago and the law firm doesn't even exist anymore. I got divorced in 2015. Turn the page.

 

My question is: in the form I-134 Affidavit of Support I am filing now (for my future wife), they ask about "previously submitted affidavits and petitions" and I am don't know what I should put in! I have no access to the old filings and more than 10 years have passed. But more than that, I am not sure if I was the sponsor of my ex-wife, either if I petitioned for her or not. It was an employment based green card, and maybe the company provided all the financial support at the time, not me - again, there is no way for me to be sure.

 

What should I do? I really don't know if I should make up something in the I-134 just not to run into trouble but I don't want to raise any red flags or even report something wildly inaccurate.

 

Anyone?

[Hank_ 9,171]

2 minutes ago, brazilk1visa said:

Hello everyone, 

 

This is tricky, so bear with me. I am filing out a I-134 form for my consulate interview in about 2 weeks and this came up. 

 

Backstory: In 2007/2008, my employer applied to get me a green card. At the time I got married and my employer filed concurrently the I-140 and I-485, so my wife at the time got the green card too. She was already in the US under an EB-1, we just made the green card process as a married couple.

I have no access to these filings because they were a long time ago and the law firm doesn't even exist anymore. I got divorced in 2015. Turn the page.

 

My question is: in the form I-134 Affidavit of Support I am filing now (for my future wife), they ask about "previously submitted affidavits and petitions" and I am don't know what I should put in! I have no access to the old filings and more than 10 years have passed. But more than that, I am not sure if I was the sponsor of my ex-wife, either if I petitioned for her or not. It was an employment based green card, and maybe the company provided all the financial support at the time, not me - again, there is no way for me to be sure.

 

What should I do? I really don't know if I should make up something in the I-134 just not to run into trouble but I don't want to raise any red flags or even report something wildly inaccurate.

 

Anyone?

I-130 is a petition form, if you completed one for your EX then you did petition her.   As for sponsoring, that is the I-864 form, if you completed one of those for your EX then you did sponsor her.

 

My suggestion:  If you don't know exact dates you will have to use your best recollection for the I-134, then explain your not knowing exact dates, etc on a separate sheet of paper.

 

 

[brazilk1visa 12]

34 minutes ago, Hank_ said:

I-130 is a petition form, if you completed one for your EX then you did petition her.   As for sponsoring, that is the I-864 form, if you completed one of those for your EX then you did sponsor her.

 

My suggestion:  If you don't know exact dates you will have to use your best recollection for the I-134, then explain your not knowing exact dates, etc on a separate sheet of paper.

 

 

My main issue is that I am not even sure I petitioned for her. It was a long time ago and I have no way to retrieve that information. What is recommended in a situation like that?

[Hank_ 9,171]

As you noted earlier, she was already in the USA, you did not petition to bring her here.   Later your employer petitioned you, then included your wife.    My personal opinion is that you did not petition your EX.

[brazilk1visa 12]

20 minutes ago, Hank_ said:

As you noted earlier, she was already in the USA, you did not petition to bring her here.   Later your employer petitioned you, then included your wife.    My personal opinion is that you did not petition your EX.

I was just doing some research and since she was already in the US, she might have updated her status as a "derivative", meaning that when I submitted my I-485, she applied together, with me. I actually found a copy of the old I-485 and we added her as a spouse and checked the box "applying with you" - that means she is a derivative, right? If that is the case, it is very different from an I-130. Right?

[Hank_ 9,171]

1 minute ago, brazilk1visa said:

I was just doing some research and since she was already in the US, she might have updated her status as a "derivative", meaning that when I submitted my I-485, she applied together, with me. I actually found a copy of the old I-485 and we added her as a spouse and checked the box "applying with you" - that means she is a derivative, right? If that is the case, it is very different from an I-130. Right?

Yes that is different than an I-130.   I think your company is the petitioner for you and your EX was petitioned by her employer.

[brazilk1visa 12]

5 hours ago, Hank_ said:

Yes that is different than an I-130.   I think your company is the petitioner for you and your EX was petitioned by her employer.

Agreed, the companies were the original petitioners and when I got my green card, she got one too (as a derivative) because we were married and she was already in the US.

So going back to my original question... Does that mean that I don't even have to mention her on the I-134? That doesn't count as a previously sponsored and/or petitioned person then, right?

[Hank_ 9,171]

2 minutes ago, brazilk1visa said:

Agreed, the companies were the original petitioners and when I got my green card, she got one too (as a derivative) because we were married and she was already in the US.

So going back to my original question... Does that mean that I don't even have to mention her on the I-134? That doesn't count as a previously sponsored and/or petitioned person then, right?

That would be my take, as you did not petitioner her nor were you her sponsor.