Sponsored someone else, then divorce...

[mandarinstudent]

Another over analyzing question...

 

I previously sponsored an alien (not from China) when I was younger. The alien filed for divorce (my fault) and shortly after I moved to China. I fell in love with a Chinese girl and after the divorce was finalized I married her.

 

We have been living together in China for a year and have been married for 7 months. Right now we are preparing the I-130 to file DCF. Should I write one of those "Evolution of relationship" letters and include it with the I-130 to address this issue...kind of a "pre-emptive strike", or will that just bring attention to an issue that would not even be noticed otherwise, causing us more trouble?"

Edited July 26, 2007 by donahso (see edit history)

[david_dawei]

My comment in another thread about "DCF should be a slam dunk" just turned into a "drive to the basket with Shaq standing between you and the rim"...

 

All I can say is that I recall a few cases of "immigrant sponsorship history" that had problems. Sending something extra in to explain it might help or could hurt it. It's a coin toss which you have to flip... but it's certainly more interesting now...

[mandarinstudent]

My comment in another thread about "DCF should be a slam dunk" just turned into a "drive to the basket with Shaq standing between you and the rim"...

 

All I can say is that I recall a few cases of "immigrant sponsorship history" that had problems. Sending something extra in to explain it might help or could hurt it. It's a coin toss which you have to flip... but it's certainly more interesting now...

Crap...I was thinking that someone would say that. Does anyone here have any experience with this sort of thing?

 

I mean, what do they have on me? The first marriage was in good faith, as is my current marriage. We are close to the same age (3 years difference, not like I am 60 and she is 20) and have been living together in China for quite a while now. What objections could they have? How could they possibly think that this marriage is fake when I have evidence proving otherwise?

Edited July 2, 2007 by mandarinstudent (see edit history)

[david_dawei]

your ace in the hole is that your going there to live with her.. this probably helps to dispell raised brows over 'repeated immigration sponsorship'.

 

You know your case the best... that it's a legit request for immigration benefits for your wife. All you can consider is whether to add explanation with the original submission; and prepare your wife for the interview. The former is optional; the latter is a must...

[mandarinstudent]

your ace in the hole is that your going there to live with her.. this probably helps to dispell raised brows over 'repeated immigration sponsorship'.

 

You know your case the best... that it's a legit request for immigration benefits for your wife. All you can consider is whether to add explanation with the original submission; and prepare your wife for the interview. The former is optional; the latter is a must...

 

I agree about the interview part. Of course my wife knows of the whole situation and she is ready to answer any questions. Actually, she was the one I was confiding in as my first marriage was going sour. I knew my current wife well before I even met my first wife.

 

I just want to know if any of the other members of this forum have encountered this problem and whether or not they took the "pre-emptive strike" or if they just hoped and prayed that it wouldn't be an issue.

[mandarinstudent]

My situation was nothing like yours, Except I took or gave or whatever a "pre-emptive strike". I'm still sitting in China. And, I truly believe it was for this reason.

 

There are so many variables to coordinate in any given visa situation that I do not believe it is possible to provide a concrete answer to many questions. This is one of those questions.

 

Really, I think the best advice is be prepared but do not give them any ammo.

 

I wish you the best,

Steve

 

Steve,

Sorry to hear about that. What happened? Are you trying again?

Edited July 2, 2007 by mandarinstudent (see edit history)

[mandarinstudent]

My situation was nothing like yours, Except I took or gave or whatever a "pre-emptive strike". I'm still sitting in China. And, I truly believe it was for this reason.

 

There are so many variables to coordinate in any given visa situation that I do not believe it is possible to provide a concrete answer to many questions. This is one of those questions.

 

Really, I think the best advice is be prepared but do not give them any ammo.

 

I wish you the best,

Steve

 

Steve,

Sorry to hear about that. Are you trying again?

We are currently working on the "Blue-slip" overcome.

I believe that this time around all their requirements will be satisfied.

It can be a screwy, hurtful, and painful process.

Please take care.

Steve and Ying

 

If you dont mind me asking, what did they say was the problem? You are in China living with her, right? How could they possibly deny you?

[Jeikun]

Isn't prior sponsorship issues more of a problem for the original application, than for the interview?

 

I was married to a Japanese citizen, and sponsored her for a green card. We divorced, she attempted to change of status without me, failed, and had to exit the US before she could have deportation orders against her. She then got a work visa and returned.

 

It caused me no problems at all with my application for Jun, but I was definately sweating it. Of course since my ex had failed to get the greencard, it may have looked better for me.

 

I would advise as others have, have all the evidence you can possibly have... but don't show your hand by sending it all to them right away. It might appear as a red flag to them, and leave you with nothing up your sleeve in the event you have to overcome an initial denial.

[SirLancelot]

Hello mandarinstudent.

 

I'm more concerned about your financial (I-864) sponsorship for your ex-wife. Can you offer more details about that aspect?

 

Has your ex-wife become a USC? When will she become eligible to apply for USC? Will she? Has she been working?

 

If you are still liable for your ex-wife with regards to an I-864 and you're going to sponsor another person, that may be a big problem for you.

[mandarinstudent]

Hello mandarinstudent.

 

I'm more concerned about your financial (I-864) sponsorship for your ex-wife. Can you offer more details about that aspect?

 

Has your ex-wife become a USC? When will she become eligible to apply for USC? Will she? Has she been working?

 

If you are still liable for your ex-wife with regards to an I-864 and you're going to sponsor another person, that may be a big problem for you.

 

Regarding the I-184, I am having my parents fill out an I-184A so that I can use their income for "household income".

 

Yes, I am still liable for my ex wife, but that is not a big deal, I am 100% sure that she is not going on welfare or anything. Since my parents are filling out an I-184A and I am putting their income as my "household income" on the I-184, the people that would be "dependent" on the household income are myself, my current wife, my mom, my dad, and my ex wife, or 5 in total. The difference between the poverty level for 4 people and the poverty level for 5 people is something like only 3 or 4 thousand dollars. My parents' income is well above the level we need. My parents are also writing a nice letter saying that we are welcome to stay with them and that my domicile is in their home. I'm hoping that should take care of things.

Edited July 26, 2007 by donahso (see edit history)

[SirLancelot]

 

Regarding the I-184, I am having my parents fill out an I-184A so that I can use their income for "household income".

 

Yes, I am still liable for my ex wife, but that is not a big deal, I am 100% sure that she is not going on welfare or anything. Since my parents are filling out an I-184A and I am putting their income as my "household income" on the I-184, the people that would be "dependent" on the household income are myself, my current wife, my mom, my dad, and my ex wife, or 5 in total. The difference between the poverty level for 4 people and the poverty level for 5 people is something like only 3 or 4 thousand dollars. My parents' income is well above the level we need. My parents are also writing a nice letter saying that we are welcome to stay with them and that my domicile is in their home. I'm hoping that should take care of things.

 

Hello again.

 

As you're living in China, you can't have them do the I-864A. You have to be living with them or they living with you to share your household income on an I-864A.

 

Additionally, I believe you can't count your ex-wife like the way you're doing. You're divorced. She's not counted as part of your household. You're liable for her individual support of 125% of poverty level, not as if she's a marginal extra one person in the 4 to 5 example you gave above. But that assumes your ex-wife doesn't make anything. If your ex-wife works and makes $20,000 or more, then you should be ok. But this prior financial sponsorship is very critical IMO. I think this will factor on the minds of the VO at least as much as the fact that they may think your marriages are fake.

 

I would also suggest you prepare for at least one blue slip. Your case will be scrutinized, IMO.

 

Best wishes.

[david_dawei]

Isn't prior sponsorship issues more of a problem for the original application, than for the interview?

I think what we've seen is that USCIS is looking at the qualification issues but the consulate at the relationship issues. Having a previous sponsorship seems to have blurred some eyes and lines...

 

I'm speculating based on what I've seen... this may raise some concerns by the consulate about having a second visa application, as if two implies your into some sort of trend (ie; fraud). I don't think it should be a concern, but of course I don't make the decisions.

 

----

 

I think lance is right that the ex-wife is not a 'dependent'... but the parents can fill out a I-864a since the whole point is that he is establishing domicile (residency) in the US at a specific residence.. with his parents; ergo, he lives with them... He only has to prove that this is his domicile (not that he is there right now).

 

But they can also fill out an I-864 too.. as if you were just there as a renter (instead of as a family member). But the i-864a allows pooling of income, although you don't have any to take advantage of...

[mandarinstudent]

 

Regarding the I-184, I am having my parents fill out an I-184A so that I can use their income for "household income".

 

Yes, I am still liable for my ex wife, but that is not a big deal, I am 100% sure that she is not going on welfare or anything. Since my parents are filling out an I-184A and I am putting their income as my "household income" on the I-184, the people that would be "dependent" on the household income are myself, my current wife, my mom, my dad, and my ex wife, or 5 in total. The difference between the poverty level for 4 people and the poverty level for 5 people is something like only 3 or 4 thousand dollars. My parents' income is well above the level we need. My parents are also writing a nice letter saying that we are welcome to stay with them and that my domicile is in their home. I'm hoping that should take care of things.

 

Hello again.

 

As you're living in China, you can't have them do the I-864A. You have to be living with them or they living with you to share your household income on an I-864A.

 

Additionally, I believe you can't count your ex-wife like the way you're doing. You're divorced. She's not counted as part of your household. You're liable for her individual support of 125% of poverty level, not as if she's a marginal extra one person in the 4 to 5 example you gave above. But that assumes your ex-wife doesn't make anything. If your ex-wife works and makes $20,000 or more, then you should be ok. But this prior financial sponsorship is very critical IMO. I think this will factor on the minds of the VO at least as much as the fact that they may think your marriages are fake.

 

I would also suggest you prepare for at least one blue slip. Your case will be scrutinized, IMO.

 

Best wishes.

 

Well, your advice goes counter to what I have heard from others. I have heard that your "Household income" can come from where your domicile is in the US. If your domicile is NYC, but you take a 3 year vacation in Greece, your domicile is still NYC. My parents are willing to say that my domicile is their home. I have registered my address in the USCIS system (form I-185 change of address) as their home.

 

Regarding sponsorship, what my ex-wife makes is inconsequential. If you look at the I-864, you can see the conditions upon which you are no longer held responsible. I will be held "responsible" until she is a citizen. As her "sponsor", I pretty much am just guaranteeing that she isn't going to go on welfare or anything. If she does, the government might ask me to reimburse them. This isn't going to happen because last I talked to her she was doing quite well. I'm not worried.

 

If you look at the I-864 (question 21), you will also see that when calculating household size, if you have sponsored another alien, you just add them to the total number. There is no special calculation for "ex-wives". An alien is an alien.

 

Thanks for your input, but please don't freak me out any more than I already am without some facts to back it up..hehe

Edited July 2, 2007 by mandarinstudent (see edit history)

[mandarinstudent]

Another teeny, weeny, little, bitty piece of advise, my friend.

LISTEN TO LANCE AND DAVID!!!!!!!!!!

Thank you very much.

 

I am all for listening to advice, but advice like "You cannot use your parents' income on the I-864" or "You cannot count your ex wife just as a member of your household, she is something entirely different"? These things are clearly stated on the I-864. Come on now...

Edited July 2, 2007 by mandarinstudent (see edit history)

[SirLancelot]

Another teeny, weeny, little, bitty piece of advise, my friend.

LISTEN TO LANCE AND DAVID!!!!!!!!!!

Thank you very much.

 

I am all for listening to advice, but advice like "You cannot use your parents' income on the I-184" or "You cannot count your ex wife just as a member of your household, she is something entirely different"? These things are clearly stated on the I-184. Come on now...

 

Ok mandarinstudent. I'll stand corrected if I'm wrong. But you need to carefully read things again. I do not think you're understanding everything correctly.

 

I will let others bring you up to speed. But allow me to correct you when you are wrong. It's I-864, not I-184.

 

Good luck.