i864a sponsor and separated household

[MaryD 14]

Hi, my friend asked me to ask a question:
She filled out a paper for her mom, who is currently in US - U4U, and helped her with the kid. My friend's income is $0. (used to be a stay home mom) 
Her ex-husband is making $230k. He filled out I864A as a household member. 
They are currently in the stage of the divorce, which will be finalized in 1 month (there is no chance i485 will be approved before this time). Her income will not change significantly after divorce. (alimony only)

 

Does she need a joint sponsor (her ex-husband is willing to be the one), or is I864A still applied to their case even if they live in two different households? Does she need to notify USCIS about the divorce? Does she need to send a new I864? 

 

Edited May 17, 2023 by MaryD

[SteveInBostonI130 3,329]

6 minutes ago, MaryD said:

Hi, my friend asked me to ask a question:
She filled out a paper for her mom, who is currently in US - U4U, and helped her with the kid. My friend's income is $0. (used to be a stay home mom) 
Her ex-husband is making $230k. He filled out I864A as a household member. 
They are currently in the stage of the divorce, which will be finalized in 1 month (there is no chance i485 will be approved before this time). Her income will not change significantly after divorce. (alimony only)

 

Does she need a joint sponsor (her ex-husband is willing to be the one), or is I864A still applied to their case even if they live in two different households? Does she need to notify USCIS about the divorce? Does she need to send a new I864? 

 

 

First, U4U uses I-134A, not I-864.  Is the question/problem related to U4U?

 

After reading this a second time, I assume the wife filed for AOS for her mom?  The I-485 is for the Mom?  If so, then the simplest method if for the ex-husband to fill out a I-864 as a joint sponsor.  The wife should fill out a new I-864 as well, showing $0 total household income.  Have them ready for the Mom to take to her AOS interview.  The Mom would explain that her daughter divorced and her ex-son-in-law has agreed to be a joint sponsor.

[MaryD 14]

2 minutes ago, SteveInBostonI130 said:

After reading this a second time, I assume the wife filed for AOS for her mom?  The I-485 is for the Mom?  If so, then the simplest method if for the ex-husband to fill out a I-864 as a joint sponsor.  The wife should fill out a new I-864 as well, showing $0 total household income.  Have them ready for the Mom to take to her AOS interview.  The Mom would explain that her daughter divorced and her ex-son-in-law has agreed to be a joint sponsor.

Yes. She is doing AOS and I-485  for her mom.

Is this somehow may affect chances for her mom being approved? She is really worried about that. Her mom is currently employed at the grocery store making $14 per hour.

Is it better to get another sponsor? She is worried that the fact that he is an ex husband may affect it somehow. 

[SteveInBostonI130 3,329]

1 minute ago, MaryD said:

Yes. She is doing AOS and I-485  for her mom.

Is this somehow may affect chances for her mom being approved? She is really worried about that. Her mom is currently employed at the grocery store making $14 per hour.

Is it better to get another sponsor? She is worried that the fact that he is an ex husband may affect it somehow. 

 

There is no impact.