I-864 expiration

Posted Tue, 03/15/2011 - 21:45 by staslarsen

In 2004 I filed an Affidavit of Support for my ex-wife. We divorced shortly after. Now, in 2011, I need to file I-864 again for my new spouse, but don't know if I have to include my ex-wife in the Household size count, since I don't know her immigration status (e.g. never got Green Card - illegal, has GC or is a citizen already). I know she's in US, though. In order to properly file new I-864, I need to know my ex's status. How can I do this if I can't get it from her or anyone who knows her now?
Thanks.

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staslarsen

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Phil's picture

Determining Household Size for Form I-864

by Phil - 03/15/2011 - 22:25

Hi, thanks for posting your question. The instructions for Form I-864 state that you must include in your household size "any immigrants previously sponsored with Form I-864...whom you are still obligated to support." An I-864 sponsor's obligation to provide support terminates in the following circumstances:

  • The immigrant becomes a U.S. Citizen
  • The immigrant is credit with 40 quarters of earnings as defined by Social Security law
  • The immigrant dies
  • The immigrant loses or abandons LPR status and leaves the U.S.
  • The immigrant is ordered removed but readjusts status in immigration proceedings and submits a new Affidavit of Support

In this case I am not sure that you can determine whether or not you are still obligated to support her. I think that the prudent course of action would be to include her in your household size but include an explanation in your cover letter to the USCIS regarding the previous I-864. I would provide specific information about your former wife, indicate that you included her in your household size on the current I-864 but explain that you are unsure if you are still obligated to support her and therefore unsure whether you are required to include her in your household size. This may prompt the USCIS to investigate this case which may or may not ultimately determine the status of your obligation on the previous I-864. However, you should be aware that this may result in the placement of your ex-wife in removal proceedings if she is not in lawful status in the U.S.

Unless you can get more information on your ex-wife I don't see that there is anyway you can exclude her from your household size.

Its always better to be upfront with the USCIS on these issues. If you don't include her in your household size the USCIS will likely discover it during the adjudication of this petition and you do not want to even create the appearance of being untruthful or providing incomplete answers on any of the USCIS forms.

Sorry I couldn't give you a concrete answer but I hope this information was helpful.

Here is an article I wrote about the Affidavit of Support which you might also want to read.

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