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Andonios

Waiver for Ex-Wife and Step-Daughter who are now Citizens?

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Filed: Other Country: Mexico
Timeline

I sponsored my ex-wife and her daughter (from another relationship) to immigrate to the United States. We divorced 3 years ago. I have met a lovely woman from Mexico and wish to marry her. However, I do not meet the limit for minimum income for the Affidavit of Support, since I now must factor in that I sponsored two other persons into the United States.

My ex-wife and step-daughter are now U.S. Citizens. Someone on Yahoo Answers told me that I my financial responsibility (with regard to the Affadavit of Support) ended when they became U.S. Citizens. This person also told me I must obtain and sign a "Waiver".

Please if you know about this "waiver", tell me where and how to obtain it, and to whom do I send it to?

Thank you so much for your help and time in this regard.

Andonios

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The AOS stopped when youor ex-wife became a USC. A waiver might be for a K1 if that what you filled for your ex-wife and what you want to file for your new girl. Your only allowed 1 K1 so a waiver would be required.

04-12-08 Married

06-11-08 Mailed I-130 Package

06-18-08 NOA1

08-08-08 NOA2

10-22-08 Interview USEM

10-28-08 Visa Received

11-01-08 POE

That was fast!

Got to love the fact my wife was preggy and even with a RFE @ NVC she was still here in under 5 months!

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Filed: K-1 Visa Country: Chile
Timeline

Hmmm interesting info.

Our Timeline:

11/1999 - We met in Ecuador

02/05/00 - Relationship started

09/08/06 - Engaged & Pregnant!

03/13/08 - I filed for Citizenship

07/22/08 - Became US Citizen

08/02/08 - I-129F sent

08/13/08 - Case received by VSC

08/16/08 - NOA1

08/18/08 - Touched

12/18/08 - Touched again exactly 4 mos. after 1st touch!

12/18/08 - Noa2 @ 3PM-Gracias Dios Mio!

12/24/08 - NVC sent pckg. 3 to Embassy

01/02/09 - Pckg 3 rcvd. by Embassy

01/09/09 - Pckg 3 from Embassy received by beneficiary

02/09/09 - Medical exam

02/16/09 - Sent back checklist and docs required by embassy.

03/13/09 - We will fly to see Daddy Gary

03/16/09 - 1 PM Interview (Pray God he gets visa)

03/16/09 - 5PM INTERVIEW PASSED WOOHOO. Thank God.

03/25/09 - Visa on hand! he went to DHL office after phone call received.

04/18/09 - My Cuchi came, (NYC)a wonderful unbelievable moment!:)

04/20/09 - We applied for marriage licence. (Township Municipal Bldg Health Dept.)

04/23/09 - Licence on hand

04/29/09 - Applied for Social Security (He was in system!)

04/30/09 - Wedding day!!! Yeeebaa

05/07/09 - SS card in mail. "valid for work only with DHS authorization"

05/13/09 - Sent AOS paperwork.

06/16/09 - Biometrics Apptmt.

06/25/09 - EAD Card in mail!

06/26/09 - Letter saying case transfered to Cali.

08/08/09 - Residence Card in Mail! Yuuupiiiiiii.

THE END FOR 2 MORE YEARS.

I don´t need patience if I have love. Ah I que Viva mi Guayaquil Carajo!

-Cuchita-

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I sponsored my ex-wife and her daughter (from another relationship) to immigrate to the United States. We divorced 3 years ago. I have met a lovely woman from Mexico and wish to marry her. However, I do not meet the limit for minimum income for the Affidavit of Support, since I now must factor in that I sponsored two other persons into the United States.

My ex-wife and step-daughter are now U.S. Citizens. Someone on Yahoo Answers told me that I my financial responsibility (with regard to the Affadavit of Support) ended when they became U.S. Citizens. This person also told me I must obtain and sign a "Waiver".

Please if you know about this "waiver", tell me where and how to obtain it, and to whom do I send it to?

Thank you so much for your help and time in this regard.

Andonios

This is correct, your financial responsibility towards your ex and her child has ended. This means that you do not have to count them as dependents for the purposes of figuring out if you meet the income requirements for the Affidavit of Support.

There is no 'waiver' requirement for this. Perhaps the Yahoo answer was in regards to the International Marriage Brooker Regulation Act (IMBRA) and its stipulation that a waiver is necessary if you have more than two K-1 petitions.

IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver. These limitations do not apply to petitioners for a K nonimmigrant visa for an alien spouse (K-3).

http://www.uscis.gov/files/pressrelease/IMBRA072106.pdf

Since you only had one previous one and, if your ex is already a citizen, I'm guessing it was more than two years ago, you do not need a waiver.

-P

Edited by Minya's wife
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