Am I still the I864 sponsor?

[iwannaplay54 985]

51 minutes 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.

If you have ever sponsored another immigrant you have to disclose it anyway

 

If you were married less than 10 years your record never applied per the SS rules, you can’t work 5 years and she work 5 years and then claim 40 quarters of SS for her, it doesn’t work that way.  

 

If you were married for 10 years and each worked 5?  Absolutely.  You aren’t “moving in and out”, she was not married to you long enough to be credited with your record.

Edited January 31, 2022 by iwannaplay54

[JoJoJoJo 170]

Is it possible to hire a lawyer to ask your questions on your behalf?

 

[Boiler 43,588]

4 minutes ago, JoJoJoJo said:

Is it possible to hire a lawyer to ask your questions on your behalf?

 

Ask who?

[JoJoJoJo 170]

12 minutes ago, Boiler said:

Ask who?

OP's ex-wife, given that she does not talk to him.

[simpl_ 0]

3 hours ago, iwannaplay54 said:

If you have ever sponsored another immigrant you have to disclose it anyway

 

If you were married less than 10 years your record never applied per the SS rules, you can’t work 5 years and she work 5 years and then claim 40 quarters of SS for her, it doesn’t work that way.  

 

If you were married for 10 years and each worked 5?  Absolutely.  You aren’t “moving in and out”, she was not married to you long enough to be credited with your record.

Not too go too far down that rabbit hole, but I think you are mixing up qualifying for retirement benefits (which does require 10yrs of marriage together) with what the USCIS is concerned about (being reliant on welfare programs like SSI, Medicare, food stamps). 

 

For the latter, the determination is done without consideration of the 10yr rule, just 40 quarters per this: https://secure.ssa.gov/poms.nsf/lnx/0500502135

[iwannaplay54 985]

8 minutes ago, simpl_ said:

Not too go too far down that rabbit hole, but I think you are mixing up qualifying for retirement benefits (which does require 10yrs of marriage together) with what the USCIS is concerned about (being reliant on welfare programs like SSI, Medicare, food stamps). 

 

For the latter, the determination is done without consideration of the 10yr rule, just 40 quarters per this: https://secure.ssa.gov/poms.nsf/lnx/0500502135

Hope you’re right.  Hate to see that hanging over someone after they part ways.