K1 and I-864

[Guest ExChinaExpat]

The I-864 is a long lasting commitment between the petitioner and the beneficiary. So, how does it apply to those who have previously filed a K1 and their ex-spouse has a ten-year green card and lives in the US. I know the obligation to the I-864 continues until:

 

1. 40 consecutive quarters of working in USA (that's ten years)

2. Becomes a US citizen

3. Abandons US residency

4. Dies

 

This means, as far as I can tell that I am still obligated to my ex-wife. Will that slow the approval process of the K1 I recently submitted? When it comes time for the I-134 and I-864 what are the income requirements? Is it a household size that includes my previous K1/K2 and current K1/K2 (five people including me)?

[Randy W]

The I-864 is a long lasting commitment between the petitioner and the beneficiary. So, how does it apply to those who have previously filed a K1 and their ex-spouse has a ten-year green card and lives in the US. I know the obligation to the I-864 continues until:

 

1. 40 consecutive quarters of working in USA (that's ten years)

2. Becomes a US citizen

3. Abandons US residency

4. Dies

 

This means, as far as I can tell that I am still obligated to my ex-wife. Will that slow the approval process of the K1 I recently submitted? When it comes time for the I-134 and I-1864 what are the income requirements? Is it a household size that includes my previous K1/K2 and current K1/K2 (five people including me)?

 

 

 

 

Both the I-864, which will be filed with her I-485 Application for Adjustment of status, and the I-134 filed with her K-1 application require that you name your previous Affidavits of Support beneficiaries,

 

The I-864 explicitly includes her (and daughter) in figuring your total household size.

[Guest ExChinaExpat]

 

The I-864 is a long lasting commitment between the petitioner and the beneficiary. So, how does it apply to those who have previously filed a K1 and their ex-spouse has a ten-year green card and lives in the US. I know the obligation to the I-864 continues until:

 

1. 40 consecutive quarters of working in USA (that's ten years)

2. Becomes a US citizen

3. Abandons US residency

4. Dies

 

This means, as far as I can tell that I am still obligated to my ex-wife. Will that slow the approval process of the K1 I recently submitted? When it comes time for the I-134 and I-1864 what are the income requirements? Is it a household size that includes my previous K1/K2 and current K1/K2 (five people including me)?

 

 

 

 

Both the I-864, which will be filed with her I-485 Application for Adjustment of status, and the I-134 filed with her K-1 application require that you name your previous Affidavits of Support beneficiaries,

 

The I-864 explicitly includes her (and daughter) in figuring your total household size.

 

 

Thanks for your reply Randy. This whole I-864 thing gets pretty complicated. It appears once minor children listed on the I-864 turn 18, that the financial obligation ends. Not sure about that, as the law suggests obligation only to minor children.

 

I suggest that anyone who has signed the I-864 read the following I-864 case law. It's indeed eye opening, both for those who are still married and those who have divorced:

 

http://www.visajourney.com/forums/topic/368751-divorce-and-the-i-864/

[Randy W]

 

 

The I-864 is a long lasting commitment between the petitioner and the beneficiary. So, how does it apply to those who have previously filed a K1 and their ex-spouse has a ten-year green card and lives in the US. I know the obligation to the I-864 continues until:

 

1. 40 consecutive quarters of working in USA (that's ten years)

2. Becomes a US citizen

3. Abandons US residency

4. Dies

 

This means, as far as I can tell that I am still obligated to my ex-wife. Will that slow the approval process of the K1 I recently submitted? When it comes time for the I-134 and I-1864 what are the income requirements? Is it a household size that includes my previous K1/K2 and current K1/K2 (five people including me)?

 

 

 

 

Both the I-864, which will be filed with her I-485 Application for Adjustment of status, and the I-134 filed with her K-1 application require that you name your previous Affidavits of Support beneficiaries,

 

The I-864 explicitly includes her (and daughter) in figuring your total household size.

 

 

Thanks for your reply Randy. This whole I-864 thing gets pretty complicated. It appears once minor children listed on the I-864 turn 18, that the financial obligation ends. Not sure about that, as the law suggests obligation only to minor children.

 

I suggest that anyone who has signed the I-864 read the following I-864 case law. It's indeed eye opening, both for those who are still married and those who have divorced:

 

http://www.visajourney.com/forums/topic/368751-divorce-and-the-i-864/

 

 

 

You filed a separate I-864 for your step-daughter, no? Turning 18 is not listed as one of the reasons for its termination. What law are you referring to? I don't see how the obligation COULD terminate at age 18.

 

On the other hand, no money is awarded by the affidavit. It is simply a contract between yourself, the government, and the intending immigrant which ALLOWS them to go to court. As our buddy robby999 has pointed out in the past, the ramifications of this contract are far from being sorted out.

 

If someone comes after you, waving the I-864 in their, be sure to find a good lawyer who will fight for your interests, and not simply roll over and cave to the demands, as we have seen from too many.

[Guest ExChinaExpat]

From what I'm reading about the I-864 is that there are several cases in recent history that demonstrate it is a contract not only between the petitioner and US government, but also a contract between the petitioner and current or ex-spouse. The following case shows a petitioner who was ordered by the court to pay his ex-wife $500.00 a month for support. This amount was later reduced to $250.00, but it still shows money is not just about sending back to the US government in the event the beneficiary becomes a public charge:

 

 

By contrast, in Nguyen v. Dean, 2011 U.S. Dist. Lexis 3803 (Dist. OR 2011) the Court agreed with the U.S. citizen Defendant and granted his motion for summary judgment. There the Plaintiff, a Vietnamese national, sought enforcement in Federal Court of her U.S. citizen husband's support obligations under the I-864, which he signed to sponsor her immigration to the U.S. The couple divorced and in her divorce complaint the Plaintiff introduced the I-864 into evidence. The divorce court entered a support order, initially set at $500.00 per month payable by Defendant, later reducing the order to $250.00 per month. Id. In granting Defendant's motion for summary judgment the Court held that Plaintiff was barred "from relitigating her spousal support in Federal court based on the Affidavit of Support that was entered into evidence in the underlying divorce proceeding and considered by the state court judge when determining the spousal support amount and judgment." Id. at *9.

While the Court's decision in Nguyen rests on solid res judicata principles, it is noteworthy that the Court does not address the fact that the state court's support order of $250.00 per month significantly deviates from 125 percent of the Federal Poverty Guidelines, as required under the I-864. Moreover, the decision lacks any findings regarding other sources of support the Plaintiff may have had available to her. Any disputes about the amount of the support order were clearly not matters for the Court to review in this case, both on res judicata principles as well as on the Rooker-Feldman doctrine.

Edited February 4, 2014 by ExChinaExpat (see edit history)

[Randy W]

From the USCIS on the I-864

 

Purpose of Form

This form is required for most family-based immigrants and some employment-based immigrants to show that they have adequate means of financial support and are not likely to rely on the U.S. government for financial support.

 

 

It is NOT intended to provide a source of income for the spouse (who is referred to as the intending immigrant in filing the form).

 

It is intended to ensure that the sponsor has a income which is adequate for the support of the intending immigrant, NOT that this money be handed over to the immigrant.

 

HOWEVER, it does say that

You must: -- Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size

 

 

Like I've said, if your ex comes after you waving the I-864 in court, may sure you have a good lawyer who will fight for your interests.

[Guest ExChinaExpat]

 

 

Like I've said, if your ex comes after you waving the I-864 in court, may sure you have a good lawyer who will fight for your interests.

 

For me, personally, that's not a concern as I still maintain a good relationship with her. However, there may be others who are not familiar with just how much of a mess it can create for them.

[Randy W]

Exactly. Thanks for bringing this up once again.

 

I've seen robby999s post before, but I'm not sure if it was on Candle or not.

 

The I-864's legal language is a bit uncertain - the courts seem to be taking their time trying to sort out the ramifications.

[Guest ExChinaExpat]

Yep, no one should think that anything about the I-864 is set in stone. There appear to be many civil courts that have no idea how to handle it, and as expected the US government doesn't either.

[dnoblett]

No, i don't think once a step child reaches 18 that the obligation ends, only if the step child worked and is credited with 40 quarters, becomes a citizen, gives up residency, or dies does it end.

 

I-864 part 5 Box 6 you still count prior sponsored immigrants till you have evidence that they are no longer covered by the prior I-864

 

For example: My wife is now a US citizen, she is no longer a lawful permanent resident, so I would not need to count her if we divorced and I were to sponsor another immigrant.

 

As others have said I have yet to see the .GOV come back on anyone for any means tested benefits taken by a sponsored immigrant.

[Guest ExChinaExpat]

No, i don't think once a step child reaches 18 that the obligation ends, only if the step child worked and is credited with 40 quarters, becomes a citizen, gives up residency, or dies does it end.

 

I-864 part 5 Box 6 you still count prior sponsored immigrants till you have evidence that they are no longer covered by the prior I-864

 

For example: My wife is now a US citizen, she is no longer a lawful permanent resident, so I would not need to count her if we divorced and I were to sponsor another immigrant.

 

As others have said I have yet to see the .GOV come back on anyone for any means tested benefits taken by a sponsored immigrant.

 

 

That's right. The obligation for K2 is the same as the primary beneficiary. That is until:

 

1. 40 consecutive quarters of working in USA (that's ten years)

2. Becomes a US citizen

3. Abandons US residency

4. Dies

[Randy W]

Yep, no one should think that anything about the I-864 is set in stone. There appear to be many civil courts that have no idea how to handle it, and as expected the US government doesn't either.

 

 

My own belief is they they are VERY clear about the intent - that it is ONLY to establish that adequate resources are available for the intending immigrant.

 

I-864 cases referred to the government, or passed along to Federal court have been dismissed with no subject matter jurisdiction. That is, that the Federal government is not a party to the issue at hand. The Federal government will enter that picture ONLY if they choose to sue for reimbursement of any means-tested benefits awarded to the immigrant. This is unlikely to occur, since the government has the option of DENYING those benefits in the first place.

 

Any matters between a sponsor and the immigrant are generally divorce matters and unlikely to involve the government.

[Guest ExChinaExpat]

 

My own belief is they they are VERY clear about the intent - that it is ONLY to establish that adequate resources are available for the intending immigrant.

 

I-864 cases referred to the government, or passed along to Federal court have been dismissed with no subject matter jurisdiction. That is, that the Federal government is not a party to the issue at hand. The Federal government will enter that picture ONLY if they choose to sue for reimbursement of any means-tested benefits awarded to the immigrant. This is unlikely to occur, since the government has the option of DENYING those benefits in the first place.

 

Any matters between a sponsor and the immigrant are generally divorce matters and unlikely to involve the government.

 

 

There is case law out there, but the courts are unsure how to handle it. The point is for anyone who is confronted by an ex-spouse to provide support should be high-tailing it to the best immigration attorney they can find who has a lot of experience with the topic and a history of getting it right.