Affidavit of Support

[nicklee 0]

I'm really not sure which forum this post goes in. I'm contemplating whether to get married overseas or marry in the US to a Latin woman living in South America. Thus I'm looking through the K1 as well as K3 processes to determine which route might be best for us. In doing so I came to a question that I don't know how to answer. My question really relates to Affidavit of Support (or lack of) from my marriage with my Ex-Wife

On the I-864 Affidavit of Support, line 21f it says to enter the # of lawful permanent residents whom you are currently obligated to support...

This is mentioned in other spots as well (I ask this in reference to how to fill it out for applying for permanent residency for my future wife).

Here's my issue, everywhere I read it talks about I-864 and how it lasts for 40 work quarters, or until death, or until citizenship etc. I did not ever fill out an I-864 when I petitioned for my Ex-wife. In 1997 I filled out a I-134 (I think) and that's all I ever filled out.

I was married in 1996 to an illegal immigrant here in the US. We applied for her Permanent residency in 1997.

I filled out the following forms (I have the receipt in front of me) as well as copies of them all:

I-131 W-ADJ $ 70.00

I-765 W-ADJ $ 70.00

I-130 $ 80.00

I-485C $1,130.00

-------------

$1,350.00

I do have the original appliaction where it saws what all to bring originally... fotos etc and the following forms

I-94

I-797

I-134

I-693

Though I do not have copies of any of these forms. So I have no idea whether I filled them out or not. Thus the reason above that I said I think I filled out an I-134. It does look kind of familiar, though it's hard to remember since it was 11 years ago. I'm certain I've never seen an I-864 before.

Sometime in 1999 I went to the INS office and waited in line all day wondering when my wife (now ex-wife) would have her Permanant Resident meeting. They actually had it backward in the system as they had me as the applicant as opposed to my ex-wife (lol), regardless they apparantly fixed it then and there. They told us it would be another 12 months.

August of 2000, we got the letter for her appointment (which I have in front of me). It was called an Application for Adjustment of Status.

Please bring all of the following:

-This letter, all passports, all INS issued documents, and person who filed petition for you.

-Proof of Immunizations and Medical

-Valid photo ID for both of us

-Current letter of employment for both of us

-Documentation of a real marriage over time (photos, bank statements, etc)

-Long form of Birth Certificate

That's it. No where anywhere is there any I-864.

Further, my ex-wife has her Permanent resident card that says Card expires 11/20/10, Resident since 8/29/2000. Before that she had a different card that said employment authorization issued 9/10/97. So I am assuming this card is good until 2010 and then she just renews it every 10 years? We divorced in 2005.

My question really just revolves around this I-864 question as they are assuming that I filled out an I-864 if I was previously married to an illegal immigrant and then we applied for her residency. This is incorrect though. I've never heard of an I-864 until I just read this today. So if I don't put anything on line 21f (when filling out the I-864 to petition my future wife) will there be an issue once they see that I did indeed petition for my ex-wife in 1997, but there is no I-864.

Lastly, I just noticed that the A# on her employment authorization issued in 1997 is different than the A# on her Permanent Resident Card. Is that an issue? Wow, one cannot imagine how unorganized INS was back in these years, 1997-2000. I'm glad I saved all my records. Hopefully things have now changed a bit. Has anyone else run into this? I.e. HAving to answer questions about an assumed I-864 from a previous marriage, when there wasn't one? I guess everyone that petitioned for someone pre 1998 is in the same boat as I? For the record, my Ex-wife did not begin working until after we divorced in 2005 so if there was ever a I-864 (which there wasn't) this 40 quarter issue would still be in play. Thoughts?

[wizardfitz 13]

I'm really not sure which forum this post goes in. I'm contemplating whether to get married overseas or marry in the US to a Latin woman living in South America. Thus I'm looking through the K1 as well as K3 processes to determine which route might be best for us. In doing so I came to a question that I don't know how to answer. My question really relates to Affidavit of Support (or lack of) from my marriage with my Ex-Wife

On the I-864 Affidavit of Support, line 21f it says to enter the # of lawful permanent residents whom you are currently obligated to support...

This is mentioned in other spots as well (I ask this in reference to how to fill it out for applying for permanent residency for my future wife).

Here's my issue, everywhere I read it talks about I-864 and how it lasts for 40 work quarters, or until death, or until citizenship etc. I did not ever fill out an I-864 when I petitioned for my Ex-wife. In 1997 I filled out a I-134 (I think) and that's all I ever filled out.

I was married in 1996 to an illegal immigrant here in the US. We applied for her Permanent residency in 1997.

I filled out the following forms (I have the receipt in front of me) as well as copies of them all:

I-131 W-ADJ $ 70.00

I-765 W-ADJ $ 70.00

I-130 $ 80.00

I-485C $1,130.00

-------------

$1,350.00

I do have the original appliaction where it saws what all to bring originally... fotos etc and the following forms

I-94

I-797

I-134

I-693

Though I do not have copies of any of these forms. So I have no idea whether I filled them out or not. Thus the reason above that I said I think I filled out an I-134. It does look kind of familiar, though it's hard to remember since it was 11 years ago. I'm certain I've never seen an I-864 before.

Sometime in 1999 I went to the INS office and waited in line all day wondering when my wife (now ex-wife) would have her Permanant Resident meeting. They actually had it backward in the system as they had me as the applicant as opposed to my ex-wife (lol), regardless they apparantly fixed it then and there. They told us it would be another 12 months.

August of 2000, we got the letter for her appointment (which I have in front of me). It was called an Application for Adjustment of Status.

Please bring all of the following:

-This letter, all passports, all INS issued documents, and person who filed petition for you.

-Proof of Immunizations and Medical

-Valid photo ID for both of us

-Current letter of employment for both of us

-Documentation of a real marriage over time (photos, bank statements, etc)

-Long form of Birth Certificate

That's it. No where anywhere is there any I-864.

Further, my ex-wife has her Permanent resident card that says Card expires 11/20/10, Resident since 8/29/2000. Before that she had a different card that said employment authorization issued 9/10/97. So I am assuming this card is good until 2010 and then she just renews it every 10 years? We divorced in 2005.

My question really just revolves around this I-864 question as they are assuming that I filled out an I-864 if I was previously married to an illegal immigrant and then we applied for her residency. This is incorrect though. I've never heard of an I-864 until I just read this today. So if I don't put anything on line 21f (when filling out the I-864 to petition my future wife) will there be an issue once they see that I did indeed petition for my ex-wife in 1997, but there is no I-864.

Lastly, I just noticed that the A# on her employment authorization issued in 1997 is different than the A# on her Permanent Resident Card. Is that an issue? Wow, one cannot imagine how unorganized INS was back in these years, 1997-2000. I'm glad I saved all my records. Hopefully things have now changed a bit. Has anyone else run into this? I.e. HAving to answer questions about an assumed I-864 from a previous marriage, when there wasn't one? I guess everyone that petitioned for someone pre 1998 is in the same boat as I? For the record, my Ex-wife did not begin working until after we divorced in 2005 so if there was ever a I-864 (which there wasn't) this 40 quarter issue would still be in play. Thoughts?

well my undrstanding, if you go the K1 route you will need the 134 at the point of filing. the 864 is done after youre married and filing for the AOS

[Necrotica 0]

I'm really not sure which forum this post goes in. I'm contemplating whether to get married overseas or marry in the US to a Latin woman living in South America. Thus I'm looking through the K1 as well as K3 processes to determine which route might be best for us. In doing so I came to a question that I don't know how to answer. My question really relates to Affidavit of Support (or lack of) from my marriage with my Ex-Wife

On the I-864 Affidavit of Support, line 21f it says to enter the # of lawful permanent residents whom you are currently obligated to support...

This is mentioned in other spots as well (I ask this in reference to how to fill it out for applying for permanent residency for my future wife).

Here's my issue, everywhere I read it talks about I-864 and how it lasts for 40 work quarters, or until death, or until citizenship etc. I did not ever fill out an I-864 when I petitioned for my Ex-wife. In 1997 I filled out a I-134 (I think) and that's all I ever filled out.

I was married in 1996 to an illegal immigrant here in the US. We applied for her Permanent residency in 1997.

I filled out the following forms (I have the receipt in front of me) as well as copies of them all:

I-131 W-ADJ $ 70.00

I-765 W-ADJ $ 70.00

I-130 $ 80.00

I-485C $1,130.00

-------------

$1,350.00

I do have the original appliaction where it saws what all to bring originally... fotos etc and the following forms

I-94

I-797

I-134

I-693

Though I do not have copies of any of these forms. So I have no idea whether I filled them out or not. Thus the reason above that I said I think I filled out an I-134. It does look kind of familiar, though it's hard to remember since it was 11 years ago. I'm certain I've never seen an I-864 before.

Sometime in 1999 I went to the INS office and waited in line all day wondering when my wife (now ex-wife) would have her Permanant Resident meeting. They actually had it backward in the system as they had me as the applicant as opposed to my ex-wife (lol), regardless they apparantly fixed it then and there. They told us it would be another 12 months.

August of 2000, we got the letter for her appointment (which I have in front of me). It was called an Application for Adjustment of Status.

Please bring all of the following:

-This letter, all passports, all INS issued documents, and person who filed petition for you.

-Proof of Immunizations and Medical

-Valid photo ID for both of us

-Current letter of employment for both of us

-Documentation of a real marriage over time (photos, bank statements, etc)

-Long form of Birth Certificate

That's it. No where anywhere is there any I-864.

Further, my ex-wife has her Permanent resident card that says Card expires 11/20/10, Resident since 8/29/2000. Before that she had a different card that said employment authorization issued 9/10/97. So I am assuming this card is good until 2010 and then she just renews it every 10 years? We divorced in 2005.

My question really just revolves around this I-864 question as they are assuming that I filled out an I-864 if I was previously married to an illegal immigrant and then we applied for her residency. This is incorrect though. I've never heard of an I-864 until I just read this today. So if I don't put anything on line 21f (when filling out the I-864 to petition my future wife) will there be an issue once they see that I did indeed petition for my ex-wife in 1997, but there is no I-864.

Lastly, I just noticed that the A# on her employment authorization issued in 1997 is different than the A# on her Permanent Resident Card. Is that an issue? Wow, one cannot imagine how unorganized INS was back in these years, 1997-2000. I'm glad I saved all my records. Hopefully things have now changed a bit. Has anyone else run into this? I.e. HAving to answer questions about an assumed I-864 from a previous marriage, when there wasn't one? I guess everyone that petitioned for someone pre 1998 is in the same boat as I? For the record, my Ex-wife did not begin working until after we divorced in 2005 so if there was ever a I-864 (which there wasn't) this 40 quarter issue would still be in play. Thoughts?

According to page 4 of this USCIS interoffice memorandum:

"An applicant for adjustment of status who filed his or her Form I-485 prior to December 19, 1997, is exempt from the Affidavit of Support requirement even if the interview is conducted and/or the application is adjudicated after that date. [see Section 531(B) of Pub. L. 104-208 and 8 CFR 213a.2(a)(2)(i) (adjustment applicants) and 213a.2(a)(2)(ii)(B) (applicants for admission).]"

Edited July 13, 2008 by Necrotica

[nicklee 0]

Thank you Necrotica. That is exactly what I was looking for. I knew I had never heard fo this I-864. I thought I was going crazy there for a moment.

According to page 4 of this USCIS interoffice memorandum:

"An applicant for adjustment of status who filed his or her Form I-485 prior to December 19, 1997, is exempt from the Affidavit of Support requirement even if the interview is conducted and/or the application is adjudicated after that date. [see Section 531(B) of Pub. L. 104-208 and 8 CFR 213a.2(a)(2)(i) (adjustment applicants) and 213a.2(a)(2)(ii)(B) (applicants for admission).]"

[Necrotica 0]

Thank you Necrotica. That is exactly what I was looking for. I knew I had never heard fo this I-864. I thought I was going crazy there for a moment.

According to page 4 of this USCIS interoffice memorandum:

"An applicant for adjustment of status who filed his or her Form I-485 prior to December 19, 1997, is exempt from the Affidavit of Support requirement even if the interview is conducted and/or the application is adjudicated after that date. [see Section 531(B) of Pub. L. 104-208 and 8 CFR 213a.2(a)(2)(i) (adjustment applicants) and 213a.2(a)(2)(ii)(B) (applicants for admission).]"

No problem! Happy to help.