Sponsored someone else, then divorce...

[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-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.

 

 

Ok, you got me there.hehe Point taken. I can take it as well as give. I've fixed the typo.

 

What exactly am I not understanding here? It seems pretty cut and dry. If I am missing something, please let me know. Thanks.

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

[bosco]

In regards to the sponsorship issue. The .gov isn't going to cut you any slack on the ex because she's currently doing ok financially. The whole purpose of the sponsorship is to make certain that the .gov isn't on the hook financially if that changes. No one at the .gov is going to look at your application and say, "Well, the ex is doing ok so we'll exclude her from the financial picture." In fact, they aren't going to ask for her financial condition at all. They won't have any idea that she's doing ok. Nowhere in the paperwork is the question of the ex's income mentioned.

[warpedbored]

There are a few folks around here that have foreign ex-spouses. Myself included. It wasn't an issue at all for me because my ex came here almost 30 years ago and we didn't go the fiance visa route. Since the IMBRA legislation passed there is more scrutiny on petitioners with multiple filings. My advice would be to fill out the papers with exact honesty and not offer them anymore than they require. To much information can often lead to more questions. In the mean time be prepared to give them anything you can think of they may ask for.

[Randy W]

. 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.

This is true only if his ex sues, and he has a lousy lawyer. Otherwise, the I-864 should be taken for what it says.

[izus]

i was married to a brasilian girl for a few years and divorced her...

we had a mutual aggreement that our marriage was not working and we'd do better as friends.

 

i gave her her green card and i dont know what else.

but anyways i was very concerned about that issue when SO and i filed with the GUZ

my lawyer said, nothing to worry about.

 

sure enough, it never came up

 

last i spoke with her about 3 years ago, she just got her 10 year...

she remarried

[david_dawei]

This is a touch complicated for only one reason, IMO: and it is not primarily the 'ex' but the USC... and complicated by living at the parent's home. That's why I raised the alternate idea of being a 'renter'.

 

In the past, we would to debate this.. (and some of us sided ultimately with) the USC is not a dependent to the sponsoring parent since they are not on the tax return as a dependent; ergo, it is simple and clear: The parent is only sponsoring their son's wife.

 

The only reason it gets confusing is that the I-864 instructions have changed some of the wording... and it appears they want you to count anyone related to the sponsor who is living i the household as a 'dependent'; a separate paragraph says to do so if they are a tax dependent too (so now we have the two comments).

 

If I were the USC in this position, I would not want myself counted in the sponsor's household and keep it simply that the sponsor is for my wife. Which means asking the parent to just sign the I-864.

 

USCONGUZ seems to state this is allowed (ie: just because you live with your parents does not mean you MUST have them do the I-864a).

 

Then I would treat the situation like I was renting space in the house, I am not a dependent... keep it that simple.

 

You can always call USCIS and ask for someone concerning an AOS/I-864 question... you could call a few times and get different anwers too.

 

Here's the GUZ topic I was referring to:

http://candleforlove.com/forums/index.php?showtopic=15402

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

[mandarinstudent]

This is why I am thinking the way I do about "household issues":

 

From the I-864's "How do I count household size?" section:

 

"If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children, parents, or siblings) as part of your household size as long as they have the same principle residence as you and promise to use their income and resources in support of the intending immigrants"

 

From the I-864's "What if I cannot meet the income requirement?" section:

 

If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of staus, unless the requirement can be met using any combination of the following:

 

-Income from any relatives or dependents living in your household or dependents listed on your most recent Federal tax return who signed a Form I-864A

 

 

It seems from the first part, I can count my parents as part of my "household" because they are willing to say that my residence is their home and then in turn, from the second part, because they are part of my "household", I can use their income to overcome the income requirement. Does this make sense?

Edited July 3, 2007 by mandarinstudent (see edit history)

[mandarinstudent]

Well, I guess I have my answer to my original question...don't say anything unless asked. Thanks for all of the replies. If any others have experiences with this sort of situation, please post.