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Previous I-864A Filling Affect I-134, Affidavit of Support?

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Filed: Lift. Cond. (apr) Country: China
Timeline

Hi Everyone,

I'm new to this forum and benefited from reading everyone's posting. I am doing research before filing my I-129F.

One question that I could not find an answer for is my previous "Sponsor's household member" filing on an I-864A for my ex-wife's family members.

Although I am not a direct sponsor for her family member, I signed the form promising "to provice any and all financial support necessary to assist the sponsor in maintaining the sponsored immigrant(s)..."

Almost all her family members are now US citizens and have jobs to support themselves and have never needed any financial support from me. Furthermore, once they received US citizenship or worked 40 social security quarters, than I am no longer responsible for them.

My ex-wife and I were professionals and received our green card through H-1 visa back in the 1980's, so it is not like I sponsored her through k-1 etc.

However, afer she got laid off many years ago, she could not show income to sponsor her siblings and mother. I was the sole bread winner of the family and I had to be her "household member" to help her while we were married. Her I-485 filings were back in 1990.

I was wondering if I need to include all her family members in section 9 of I-134 under "I have previously submitted affidavit(s) of support for the following person(s)".

My argument against including them are:

1) I am divorced from her and no longer her household member.

2) Her family members came about 10 years ago and most of them are now US citizens and were self-sufficient from day one.

3) It was the I-864A that I filled out for them, not the I-864 nor the I-134. I would argue that I did not fill out an I-134 in the past for anyone.

4) Statue of limitation?

Your comments and suggestions are most welcomed! Thank you!!

ROC

2014-05-17 (Sat) Card Received! Text and email: "The USPS reported that your new card was delivered on May 17, 2014"

2014-05-15 (Thurs) Received "USPS picked up mail from USCIS" text and email

2014-05-15 (Thurs) Received "card mailed" text and email

2014-05-14 (Wed) Received "card production" text and email

2014-05-12 (Mon) Received approval letter

2014-05-08 (Thurs) Date of Decision - Approved!

2013-11-29 (Fri) Early Biometrics done on Black Friday

2013-11-18 (Mon) Received Biometrics Appointment letter for 12/04/13

2013-11-09 (Sat) NOA1 Hardcopy

2013-11-08 (Fri) Check cashed

2013-11-06 (Wed) NOA1 Receipt Date

2013-11-04 (Mon) Mailed ROC Package

AOS

2012-02-11 (Sat) Green Card arrived!!

2012-02-09 (Thurs) Received Permanent Resident Welcome Letter

2012-02-07 (Tues) 12:45am I-485 Card Production (ordered production)

2012-02-06 (Mon) 6:45pm I-485 Decision (registered PR status)

2012-02-06 (Mon) 3:00pm I-485 Card Production (ordered production)

2011-12-08 (Thurs) Received EAD/AP combo card

2011-11-30 (Wed) Email/text: I-131(AP) approved. I-765(EAD) card production.

2011-10-25 (Tues) Completed biometrics

2011-10-21 (Fri) I-485 case transferred

2011-10-10 (Tues) Two NOA's: I-485 and I-765 payment receipts. Notice date 10/03/11

2011-10-08 (Sat) Biometrics Appointment letter for 10/25/11

2011-10-04 (Tues) Check cashed.

2011-10-03 (Mon) NOA's for I-485, I-131, and I-765

2011-09-30 (Fri) USCIS web status shows receipt for I-485, I-131, and I-765

2011-09-29 (Thurs) USPS delivery confirmation

2011-09-27 (Tues) Mailed AOS package

k-1

2011-07-25 (Mon) Visa in hand!!

2011-07-19 (Tue) Interview at 7:30am - Approved!!

2011-07-18 (Mon) Document in-take at 12:30pm

2011-05-19 (Thu) NOA2 (160 days from NOA1)

2010-12-15 (Wed) NOA1 hard copy received

2010-12-09 (Thu) I-129F package arrived USCIS PO Box in Dallas

2010-12-07 (Tue) Mailed I-129F package

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Yes, you did submit an affidaivt of support (regardless of the form number they are all affidavits of support) for persons in the past.

This does not mean that you must include those persons in your household count for any affidaivt of support that you would submit today. You wold only count any of those persons that would still be "bound to you" by the terms of the affidavit(s). Anyone that is now a USC would not be counted. And from what you state in your post all are likely to have been credited with 40 qualifying quarters.

Why risk having the USCIS data not match up with anything that you submit?

FWIW - When submitting for my present wife I included the affidavits that I filed for my ex when she adjusted status along with the I-134 that I submitted in support of my ex MIL when she got a tourist visa. (It was many years ago and was required by the US embassy in her country).

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: Lift. Cond. (apr) Country: China
Timeline

Yes, you did submit an affidaivt of support (regardless of the form number they are all affidavits of support) for persons in the past.

This does not mean that you must include those persons in your household count for any affidaivt of support that you would submit today. You wold only count any of those persons that would still be "bound to you" by the terms of the affidavit(s). Anyone that is now a USC would not be counted. And from what you state in your post all are likely to have been credited with 40 qualifying quarters.

Why risk having the USCIS data not match up with anything that you submit?

FWIW - When submitting for my present wife I included the affidavits that I filed for my ex when she adjusted status along with the I-134 that I submitted in support of my ex MIL when she got a tourist visa. (It was many years ago and was required by the US embassy in her country).

Thank you for your prompt and very helpful reply, especially when you had a similar experience.

Your answer makes sense, and it is good to know that my past will not affect my future I-134 and I-864 filings.

ROC

2014-05-17 (Sat) Card Received! Text and email: "The USPS reported that your new card was delivered on May 17, 2014"

2014-05-15 (Thurs) Received "USPS picked up mail from USCIS" text and email

2014-05-15 (Thurs) Received "card mailed" text and email

2014-05-14 (Wed) Received "card production" text and email

2014-05-12 (Mon) Received approval letter

2014-05-08 (Thurs) Date of Decision - Approved!

2013-11-29 (Fri) Early Biometrics done on Black Friday

2013-11-18 (Mon) Received Biometrics Appointment letter for 12/04/13

2013-11-09 (Sat) NOA1 Hardcopy

2013-11-08 (Fri) Check cashed

2013-11-06 (Wed) NOA1 Receipt Date

2013-11-04 (Mon) Mailed ROC Package

AOS

2012-02-11 (Sat) Green Card arrived!!

2012-02-09 (Thurs) Received Permanent Resident Welcome Letter

2012-02-07 (Tues) 12:45am I-485 Card Production (ordered production)

2012-02-06 (Mon) 6:45pm I-485 Decision (registered PR status)

2012-02-06 (Mon) 3:00pm I-485 Card Production (ordered production)

2011-12-08 (Thurs) Received EAD/AP combo card

2011-11-30 (Wed) Email/text: I-131(AP) approved. I-765(EAD) card production.

2011-10-25 (Tues) Completed biometrics

2011-10-21 (Fri) I-485 case transferred

2011-10-10 (Tues) Two NOA's: I-485 and I-765 payment receipts. Notice date 10/03/11

2011-10-08 (Sat) Biometrics Appointment letter for 10/25/11

2011-10-04 (Tues) Check cashed.

2011-10-03 (Mon) NOA's for I-485, I-131, and I-765

2011-09-30 (Fri) USCIS web status shows receipt for I-485, I-131, and I-765

2011-09-29 (Thurs) USPS delivery confirmation

2011-09-27 (Tues) Mailed AOS package

k-1

2011-07-25 (Mon) Visa in hand!!

2011-07-19 (Tue) Interview at 7:30am - Approved!!

2011-07-18 (Mon) Document in-take at 12:30pm

2011-05-19 (Thu) NOA2 (160 days from NOA1)

2010-12-15 (Wed) NOA1 hard copy received

2010-12-09 (Thu) I-129F package arrived USCIS PO Box in Dallas

2010-12-07 (Tue) Mailed I-129F package

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