K1 visa breakup 10 years ago

[sj505 0]

I brought a fiancée on K1 visa in 2012, but things didn't work out and we broke up right after he had arrived without getting married. 

However, he didn't intent to go back to his home country, and I heard later that he had found a way to transfer the visa to a refugee visa and seems to have gotten a Green card after a couple years. 

 

I'm now married to another person from abroad and had 2 kids, and I have recently filed for I-130 petition. Then I've realized that I've signed the Affidavit of Support for the K1 visa for this individual whom I have no contact with any longer. It seems to be that I might still be responsible for this person, but it's uncertain. Would I now need a Affidavit of Support to cover 5 members (4 family member plus this ex)? 

 

How can I cancel the Affidavit of Support for this particular individual who has gotten the K1 visa and reached the US long ago?

I'd appreciate for any help!

[Crazy Cat 39,405]

You have no financial responsibility for the person you mentioned who came via a K-1.  Do not include that person in your household size.  The I-134 you signed is no longer valid.  In fact, I-134s are not legally enforceable, and that one expired after 90 days. 

Edited January 20, 2023 by Crazy Cat

[sj505 0]

On 1/20/2023 at 5:58 PM, Crazy Cat said:

You have no financial responsibility for the person you mentioned who came via a K-1.  Do not include that person in your household size.  The I-134 you signed is no longer valid.  In fact, I-134s are not legally enforceable, and that one expired after 90 days. 

I hope this is the case. Thank you!

 

I do see that there's a commitment until the person either becomes a U.S. citizen or is credited with 40 quarters of work for I-134, but hopefully it's just for 90 days as you said since the K1 visa was valid just for 90 days, which would actually make more sense.  

[Ontarkie 13,925]

9 hours ago, sj505 said:

I hope this is the case. Thank you!

 

I do see that there's a commitment until the person either becomes a U.S. citizen or is credited with 40 quarters of work for I-134, but hopefully it's just for 90 days as you said since the K1 visa was valid just for 90 days, which would actually make more sense.  

That only applies if you got married and filed the new affidavit of support. The one with the K1 is not legally binding.