How many family members for AOS? Ex husband came as I-129 but I don't know where he is

[Madamsosa 2]

My ex husband came over on an I-129 fiance visa. I sponsored him. We were married 12 years then divorced. Since the divorce I have not heard from him and do not know if he is here in the US or in his home country. 

Now I am remarried and doing a CR-1 with my current husband. Do I count my ex on my affidavit of support? I have tried basic search engines etc to find my ex and come up with nothing. 

[Boiler 43,494]

Yes you do, up to you to evidence he has met the qualifications for not being sponsored.

[Madamsosa 2]

Thanks. That is what I was thinking, I just wanted to make sure. 

[Mike E 11,723]

26 minutes ago, Madamsosa said:

 . We were married 12 years then divorced.

Between the date he became an LPR and the date your were divorced:

 

1.  how many social security credits did you earn?

 

2. how many social security credits did you earn?

 

in addition

 

3. how many social security credits do you have now?

 

4. how old is your ex-husband?

 

Quote

 

 . Do I count my ex on my affidavit of support? 

This depends on the answers to my questions.  

Edited August 21, 2022 by Mike E

[Madamsosa 2]

I have earned 4 years of credits since the divorce. He is 40. I do not know if or how many he has earned. Unfortunantly I know he did not earn 10 years worth while we were married, as he frequently didn't work. He maybe earned 1.5 years up until our divorce. 

[Crazy Cat 39,304]

3 minutes ago, Madamsosa said:

I have earned 4 years of credits since the divorce. He is 40. I do not know if or how many he has earned. Unfortunantly I know he did not earn 10 years worth while we were married, as he frequently didn't work. He maybe earned 1.5 years up until our divorce. 

Sounds like you are still on the hook unless he has naturalized,  or has left the US and is no longer a legal resident.... or has died.

Edited August 21, 2022 by Crazy Cat

[Mike E 11,723]

14 minutes ago, Madamsosa said:

I have earned 4 years of credits since the divorce

How  many credits did you earn while married to him dating from when he became an LPR?

 

Quote

 

He is 40. I do not know if or how many he has earned. Unfortunantly I know he did not earn 10 years worth while we were married, as he frequently didn't work. He maybe earned 1.5 years up until our divorce. 

So 6 credits.  What was your source of income for those 12 years? 
 

How many total credits do you have now?

Edited August 21, 2022 by Mike E

[Mike E 11,723]

9 minutes ago, Crazy Cat said:

Sounds like you are still on the hook unless he has naturalized,  or has left the US and is no longer a legal resident.... or has died.

He earned 6 credits while they were married.  They were married for 12 years.  
 

She had to have worked during those 12 years unless someone else was supporting them or they have assets to live on.  

[pushbrk 12,126]

Unless she can provide evidence he Naturalized, died, left the country or has 40 credits for Social Security, she just counts him with a 1 in a box and gets on with life.  Simple stuff.  If her income is clearly sufficient, why go to the trouble of getting the necessary evidence to leave the 1 out of the box?

[Mike E 11,723]

1 hour ago, pushbrk said:

Unless she can provide evidence he Naturalized, died, left the country or has 40 credits for Social Security,

The rule is “can be credited with 40 credits for Social Security”

 

It’s not clear, to me at least, that the ex-husband cannot be credited with 40 credits.  Especially with 12 years of marriage to an authorized worker.  

[pushbrk 12,126]

8 minutes ago, Mike E said:

The rule is “can be credited with 40 credits for Social Security”

 

It’s not clear, to me at least, that the ex-husband cannot be credited with 40 credits.  Especially with 12 years of marriage to an authorized worker.  

The standard is to provide evidence that he can be.  Not clear that he cannot, is probably true, but not the same thing.  Why sort it out if it doesn't matter?

[Madamsosa 2]

I worked the entire marriage. Haha one of the many reasons for a divorce..... 

[Mike E 11,723]

12 hours ago, Madamsosa said:

I worked the entire marriage. Haha one of the many reasons for a divorce..... 

1. so during the marriage you earned at least 40 credits?

 

2. from the time he became an LPR to the time you divorced you earned at least 36 credits?

 

These answers matter. 

Edited August 22, 2022 by Mike E

[EM_Vandaveer 2,370]

3 hours ago, Mike E said:

1. so during the marriage you earned at least 40 credits?

 

2. from the time he became an LPR to the time you divorced you earned at least 36 credits?

 

These answers matter. 

not really, I'm with @pushbrk why go there (& potentially cause RFEs, etc.) when OP can just count the ex & be done with it?

[Mike E 11,723]

1 minute ago, EM_Vandaveer said:

not really, I'm with @pushbrk why go there (& potentially cause RFEs, etc.) when OP can just count the ex & be done with it?

I don’t know what OP’s income is.  
 

The original post asked if ex should be counted or not.  I’m trying to answer  that question.  So far the evidence says “no”.  And thus I disagree with all the other answers.