Am I still the I864 sponsor?

[simpl_ 0]

So several years ago (per my timeline) I married and sponsored an F1 student, applied for AOS and got her a green card. Now, I do understand the conditions of being a sponsor, and the pathways which could lead to my responsibility ending: death of either party, her giving up PR, becoming a citizen, or getting 40 qualifying quarters per SSA.

 

My question is, that at least according to my math, my ex-wife and I would have had over 40 quarters combined at the time of our divorce. Let's say for sake of example, that I had 35 quarters and she had 10. 

 

Does that mean that I am no longer here sponsor, since I can prove that at the time we were previously married, the conditions of sponsorship ended? Or, am I now somehow "back on the hook" because I can't include my quarters with hers anymore (even though previously we could and did get over 40 quarters.)

 

My problem is, the divorce was extremely messy and she basically cut all communications with me and moved to a different city. I don't have any of her immigration info at this point, and I guess her email probably, but she even changed phone number, etc. So I could try to get info through her lawyer, but I don't know what I'd be looking for (besides asking, is she still a PR, or has she left or applied for naturalization - which I don't think she would ever do.) But either way, it wouldn't help me solve whether I am no longer the sponsor per the qualified quarters rule 

 

Does anyone know how the USCIS checks this, or how I could check with the SSA?

[randy32 165]

I would suggest you call SSA.

Ask questions like and You might get an answer.

 

1. Are they able to tell you how many work quarters you ex has earned?

2. If there a page to assist you calculate work quarters?

 

If they don't have a straight answer for you, how can you figure it out with other resources.

[iwannaplay54 985]

SS rules:  She has nothing credited to her under SS under your account if your marriage lasted less than 10 years.  

 

[simpl_ 0]

4 hours ago, randy32 said:

I would suggest you call SSA.

Ask questions like and You might get an answer.

 

1. Are they able to tell you how many work quarters you ex has earned?

2. If there a page to assist you calculate work quarters?

 

If they don't have a straight answer for you, how can you figure it out with other resources.

Thanks, yeah I had thought of this, but I don't think they will be at liberty to give me her information, even though I do still have a copy of her SS#. 

To calculate work quarters is fairly easy, its just 4Q per year, with a minimum $/quarter required. Since she was an F1 student, she didn't have any work until after we were married/she got AOS. My problem/question really is - once she has achieved 40 quarters (using both mine and hers) and that box goes 'qualified', does the box go back to 'disqualified' since we got divorced.

 

4 hours ago, iwannaplay54 said:

SS rules:  She has nothing credited to her under SS under your account if your marriage lasted less than 10 years.  

 

That's only true for retirement/widower benefits - not for determining affidavit of support termination. See Section (a)(3)(B)(ii) 

 

[Boiler 45,657]

Let us start at the beginning, is this a real issue or just for general interest?

 

As an aside I have never heard of USCIS checking this.

Edited January 31, 2022 by Boiler

[arken 4,197]

1 hour ago, simpl_ said:

Thanks, yeah I had thought of this, but I don't think they will be at liberty to give me her information, even though I do still have a copy of her SS#. 

Of course SS office wouldn't disclose you info of a different person. Possessing other's copy of SSN/card without their authorization may be illegal.

 

 

[carmel34 3,639]

11 hours ago, simpl_ said:

My question is, that at least according to my math, my ex-wife and I would have had over 40 quarters combined at the time of our divorce. Let's say for sake of example, that I had 35 quarters and she had 10. 

 

Does that mean that I am no longer here sponsor, since I can prove that at the time we were previously married, the conditions of sponsorship ended? Or, am I now somehow "back on the hook" because I can't include my quarters with hers anymore (even though previously we could and did get over 40 quarters.)

The only work quarters that are relevant for the I-864 are your ex-wife's, not yours, and not combined, unless you are still married.  The I-864 that you signed is very clear that she, on her own, needs 40 work quarters or credits (if still married to you) for your obligations to end, among other things.  So once you are divorced, she is no longer entitled to SSA credits for your work, and your obligations continue as stated on the I-864:

Edited January 31, 2022 by carmel34

[simpl_ 0]

1 hour ago, arken said:

Of course SS office wouldn't disclose you info of a different person. Possessing other's copy of SSN/card without their authorization may be illegal.

 

 

Oh yeah, I don't have  copy or original, just the number written down from long ago when I needed to manage family stuff, etc. I definitely am not a person to use this information in a dishonest way!

[simpl_ 0]

1 hour ago, carmel34 said:

The only work quarters that are relevant for the I-864 are your ex-wife's, not yours, and not combined, unless you are still married.  The I-864 that you signed is very clear that she, on her own, needs 40 work quarters or credits (if still married to you) for your obligations to end, among other things.  So once you are divorced, she is no longer entitled to SSA credits for your work, and your obligations continue as stated on the I-864:

I guess this is the stem of my question. Since we did have over 40 credits at the time of the divorce, does that mean I can prove to USCIS that my obligation ended at that time? Or can my obligation come and go, depending on her situation?

 

Let's say she gets married again, and uses that spouse's married quarters - she qualifies/gets over 40 credits. But then she divorces him shortly after - now she doesn't qualify and I am a sponsor again?

 

It just seems crazy that my responsibility as a sponsor can flip flop back and forth completely dependent on things which I have no control over and really have no way of tracking...

[carmel34 3,639]

1 minute ago, simpl_ said:

It just seems crazy that my responsibility as a sponsor can flip flop back and forth completely dependent on things which I have no control over and really have no way of tracking...

I suggest that you not worry about this too much... the government rarely enforces the I-864, and they would only try if your ex-wife receives specified "means-tested public benefits" anyway.  Technically the government can ask you to reimburse them for these benefits under your obligations under the I-864, but after four years here on VJ I cannot recall one case where this has happened.  Maybe others can weigh in on this or search VJ for previous threads on the topic.

[simpl_ 0]

1 hour ago, Boiler said:

Let us start at the beginning, is this a real issue or just for general interest?

 

As an aside I have never heard of USCIS checking this.

This is a very real issue. 

 

My ex-wife would independently have 18 quarters as of Q1 2022. At the time we were married/finally got divorced in Q2 2021, she had over 40 credits by including me during our marriage. If I blindly assume that she doesn't marry and keeps working, then she would only hit 40 quarters in 2027 (or maybe sooner if she got married again and counted that spouses quarters.) Alternatively, she could naturalize or leave the US, but all three of the before are completely out of my hands/ability to know.

 

I'm currently engaged to another foreigner, so now I'm looking at two issues that are dependent on whether or not I am still obligated as my ex's sponsor:

1) I moved, so do I need to file the I-865 change of address form for my ex-wife, and

2) if/when I fill in the I-864 for my future spouse, I have no way of knowing if my I-864 family size (which has to include previous sponsored people if I still have an obligation). My salary isn't a concern whether I put 1 or 2, but I just want to be doing the right thing.

[Boiler 45,657]

7 minutes ago, simpl_ said:

I guess this is the stem of my question. Since we did have over 40 credits at the time of the divorce, does that mean I can prove to USCIS that my obligation ended at that time? Or can my obligation come and go, depending on her situation?

 

Let's say she gets married again, and uses that spouse's married quarters - she qualifies/gets over 40 credits. But then she divorces him shortly after - now she doesn't qualify and I am a sponsor again?

 

It just seems crazy that my responsibility as a sponsor can flip flop back and forth completely dependent on things which I have no control over and really have no way of tracking...

I have never heard of anybody being asked to do this, could you give us some background information on what has happened?

[Boiler 45,657]

3 minutes ago, simpl_ said:

This is a very real issue. 

 

My ex-wife would independently have 18 quarters as of Q1 2022. At the time we were married/finally got divorced in Q2 2021, she had over 40 credits by including me during our marriage. If I blindly assume that she doesn't marry and keeps working, then she would only hit 40 quarters in 2027 (or maybe sooner if she got married again and counted that spouses quarters.) Alternatively, she could naturalize or leave the US, but all three of the before are completely out of my hands/ability to know.

 

I'm currently engaged to another foreigner, so now I'm looking at two issues that are dependent on whether or not I am still obligated as my ex's sponsor:

1) I moved, so do I need to file the I-865 change of address form for my ex-wife, and

2) if/when I fill in the I-864 for my future spouse, I have no way of knowing if my I-864 family size (which has to include previous sponsored people if I still have an obligation). My salary isn't a concern whether I put 1 or 2, but I just want to be doing the right thing.

1. Yes you do.

2. Yes you do.

[simpl_ 0]

 

Just now, Boiler said:

1. Yes you do.

2. Yes you do.

If I'm still the sponsor 😅 So yeah, it's a little confusing.

 

I'm thinking of staying on the 'safe' side and doing both, but it would really be nice if there was a better way for me to check with USCIS concerning my obligations. I know the facts of my situation, but there really isn't any more information about the "qualifying and then divorce" situation. If I look at federal/state programs which have determination of benefits, then I would generally say that yes, I am still the sponsor, but I am not sure what the SSA determination would be at this point.

[Boiler 45,657]

1 minute ago, simpl_ said:

 

If I'm still the sponsor 😅 So yeah, it's a little confusing.

 

I'm thinking of staying on the 'safe' side and doing both, but it would really be nice if there was a better way for me to check with USCIS concerning my obligations. I know the facts of my situation, but there really isn't any more information about the "qualifying and then divorce" situation. If I look at federal/state programs which have determination of benefits, then I would generally say that yes, I am still the sponsor, but I am not sure what the SSA determination would be at this point.

They would only need to make a determination if the situation arises. Which would be extremely unusual, well it has been anyway.