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My fiance still has obligations to his ex-wife based on I-864?!?

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Filed: K-1 Visa Country: Philippines
Timeline

Hi all. My fiance was previously married to a Filipina also. They are now divorced because of that woman's unfaithfulness!!! :angry:

Is my fiance still has obligations to that woman based on that I-864 that my fiance signed when they were still married?!? I've read on that form that divorce does not terminate the obligations. But it says it will terminate if that woman has "worked". Well, she's working but not permanently "I think" and "maybe" she's not have big salary on that job... Is my fiance still obligated to her?!?

We "think" that she's still in the US now or "maybe" she's outside of the US temporarily and I know that she has that 10 years green card (I know this because that woman boastfully told me about it during one of our WORST fights with that witch).

I never asked my fiance if he has still obligations to that woman because I didn't know the rules about this I-864 yet til this morning as I was browsing plus he did not tell me anything about this plus I don't want to bring her up again which leads to another argument between me and him just due to that "jealousy" thing as what he said. But I "might" ask him later about it...

Plus this woman had been hacking our email accounts, but she stop doing it "for awhile" lately! (she's a computer gennius and knows over 100% about hacking email accounts)

So guys, my fiance still obligated for support on that woman?!? :angry::unsure:

:oops: I'm sorry for expressing my emotions here guys, it's just that my blood will really boil everytime I remember that woman, can't forget what she did to me and can't forget her attitude on me!!! :angry: But I am willing to give apology to her if she will ask and I will apologize too if she will.. (L)

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July 15, 2011: Eligibility letter received from US Embassy-Manila(dated July 11, 2011)

October 26 - June 5, 2012: SLEC trap!!! (DOT tx to vaccine administration)

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Filed: K-1 Visa Country: Vietnam
Timeline

Hi all. My fiance was previously married to a Filipina also. They are now divorced because of that woman's unfaithfulness!!! :angry:

Is my fiance still has obligations to that woman based on that I-864 that my fiance signed when they were still married?!? I've read on that form that divorce does not terminate the obligations. But it says it will terminate if that woman has "worked". Well, she's working but not permanently "I think" and "maybe" she's not have big salary on that job... Is my fiance still obligated to her?!?

We "think" that she's still in the US now or "maybe" she's outside of the US temporarily and I know that she has that 10 years green card (I know this because that woman boastfully told me about it during one of our WORST fights with that witch).

I never asked my fiance if he has still obligations to that woman because I didn't know the rules about this I-864 yet til this morning as I was browsing plus he did not tell me anything about this plus I don't want to bring her up again which leads to another argument between me and him just due to that "jealousy" thing as what he said. But I "might" ask him later about it...

Plus this woman had been hacking our email accounts, but she stop doing it "for awhile" lately! (she's a computer gennius and knows over 100% about hacking email accounts)

So guys, my fiance still obligated for support on that woman?!? :angry::unsure:

:oops: I'm sorry for expressing my emotions here guys, it's just that my blood will really boil everytime I remember that woman, can't forget what she did to me and can't forget her attitude on me!!! :angry: But I am willing to give apology to her if she will ask and I will apologize too if she will.. (L)

Technically, yes - he's still obligated. She won't get any money from him unless she gets a court order. There have been only a relative handful of cases of immigrants suing for support based on the I-864. Those cases have had mixed results, but some have been successful.

So, unless she sues him for support, she isn't going to get any money from him. She can't just walk up to him, wave the affidavit of support in his face, and demand money. She needs an order from a judge.

Don't be too hard on your fiance about this. He may not have understood the terms of the I-864. It's incredible how many sponsors have signed that form and didn't realize what they were obligating themselves for. :blush:

12/15/2009 - K1 Visa Interview - APPROVED!

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Filed: K-1 Visa Country: Philippines
Timeline

Technically, yes - he's still obligated. She won't get any money from him unless she gets a court order. There have been only a relative handful of cases of immigrants suing for support based on the I-864. Those cases have had mixed results, but some have been successful.

So, unless she sues him for support, she isn't going to get any money from him. She can't just walk up to him, wave the affidavit of support in his face, and demand money. She needs an order from a judge.

Don't be too hard on your fiance about this. He may not have understood the terms of the I-864. It's incredible how many sponsors have signed that form and didn't realize what they were obligating themselves for. :blush:

Thank you for you direct and kind answer. Uhhhhmmmm... So, she will be counted on my fiance's household size???... :unsure: We do really not want her to be counted cos she is not a family to us.. And do we need to ask her of her income and therefore let her fill-up I-864A???... :unsure:

We do really not want her to get involved on my immigration thing.. That's awful I think..

Sam's CRBA, US Passport, and SSN Journey

Nov. 2010: CRBA and US passport application sent(via Air21)

Dec. 08, 2010: Interview(DNA was recommended)

April 04, 2011: CRBA and US passport on hand

April 2011: SSN Application sent (mailed original docs thru 2GO)

April 29, 2011: SSN card on hand

My K1 Visa Journey

March 05, 2011: I-129F packet sent

March 14, 2011: NOA1

May 20, 2011: NOA2(approved in 67 days from NOA1, with no RFEs)

June 24, 2011: NVC received approved petition from USCIS

June 29, 2011: Approved original petition left NVC to US Embassy-Manila

July 15, 2011: Eligibility letter received from US Embassy-Manila(dated July 11, 2011)

October 26 - June 5, 2012: SLEC trap!!! (DOT tx to vaccine administration)

June 7, 2012: Interview (APPROVED!) :)

June 18, 2012: Visa picked up at the embassy

June 20, 2012: POE in Detroit

proud of my family

:)

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Filed: Lift. Cond. (apr) Country: India
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If I remember correctly, if he is still bound by the previous I864, then yes, his ex-wife will have to counted as a household member. He must meet the sponsorship requirements for his household size (you, him, his ex-wife and any other dependents). He will need to qualify on his own because from what it sounds like, she will not sign an I864A for you.

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Filed: K-1 Visa Country: Vietnam
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Thank you for you direct and kind answer. Uhhhhmmmm... So, she will be counted on my fiance's household size???... :unsure: We do really not want her to be counted cos she is not a family to us.. And do we need to ask her of her income and therefore let her fill-up I-864A???... :unsure:

We do really not want her to get involved on my immigration thing.. That's awful I think..

Yes, but just because she's included in your household size does not mean she's going to live with you and sit at your dinner table. :blush:

She has to be listed on line 21.f of the I-864.

12/15/2009 - K1 Visa Interview - APPROVED!

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Filed: K-1 Visa Country: Philippines
Timeline

If I remember correctly, if he is still bound by the previous I864, then yes, his ex-wife will have to counted as a household member. He must meet the sponsorship requirements for his household size (you, him, his ex-wife and any other dependents). He will need to qualify on his own because from what it sounds like, she will not sign an I864A for you.

Yes, he is quaalied on his own though.

Just don't like that part that his ex wife is counted on "our" household size, we just want it to be -him, me, and our baby. But okay, it will just be on paper though not for real as she is not a family and will never be a family to us. :blush:

Thank you guys for the answers. :thumbs:

Sam's CRBA, US Passport, and SSN Journey

Nov. 2010: CRBA and US passport application sent(via Air21)

Dec. 08, 2010: Interview(DNA was recommended)

April 04, 2011: CRBA and US passport on hand

April 2011: SSN Application sent (mailed original docs thru 2GO)

April 29, 2011: SSN card on hand

My K1 Visa Journey

March 05, 2011: I-129F packet sent

March 14, 2011: NOA1

May 20, 2011: NOA2(approved in 67 days from NOA1, with no RFEs)

June 24, 2011: NVC received approved petition from USCIS

June 29, 2011: Approved original petition left NVC to US Embassy-Manila

July 15, 2011: Eligibility letter received from US Embassy-Manila(dated July 11, 2011)

October 26 - June 5, 2012: SLEC trap!!! (DOT tx to vaccine administration)

June 7, 2012: Interview (APPROVED!) :)

June 18, 2012: Visa picked up at the embassy

June 20, 2012: POE in Detroit

proud of my family

:)

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Filed: K-1 Visa Country: Cambodia
Timeline

It means he will have to make enough money to cover a house hold with her as a counted member. Because of my ex wife and her kids I have to add 3 people to mine. Since I have one daughter under 18 and Theary has 2 kids I have to have the income to cover 8 people. So if he has no kids under 18 and you have no kids he would only have to cover 3 people. It expires when they hit the 10 year mark also. For me that is 4 years. Good luck

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Filed: K-1 Visa Country: Philippines
Timeline

It means he will have to make enough money to cover a house hold with her as a counted member. Because of my ex wife and her kids I have to add 3 people to mine. Since I have one daughter under 18 and Theary has 2 kids I have to have the income to cover 8 people. So if he has no kids under 18 and you have no kids he would only have to cover 3 people. It expires when they hit the 10 year mark also. For me that is 4 years. Good luck

Yeah, thanks. I now understand. His income should cover 4 people (my fiance, me, our baby together, and that woman).

Thanks for the info.

Sam's CRBA, US Passport, and SSN Journey

Nov. 2010: CRBA and US passport application sent(via Air21)

Dec. 08, 2010: Interview(DNA was recommended)

April 04, 2011: CRBA and US passport on hand

April 2011: SSN Application sent (mailed original docs thru 2GO)

April 29, 2011: SSN card on hand

My K1 Visa Journey

March 05, 2011: I-129F packet sent

March 14, 2011: NOA1

May 20, 2011: NOA2(approved in 67 days from NOA1, with no RFEs)

June 24, 2011: NVC received approved petition from USCIS

June 29, 2011: Approved original petition left NVC to US Embassy-Manila

July 15, 2011: Eligibility letter received from US Embassy-Manila(dated July 11, 2011)

October 26 - June 5, 2012: SLEC trap!!! (DOT tx to vaccine administration)

June 7, 2012: Interview (APPROVED!) :)

June 18, 2012: Visa picked up at the embassy

June 20, 2012: POE in Detroit

proud of my family

:)

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Filed: K-1 Visa Country: Philippines
Timeline

Well, I was married to a Filipina and we are now divorced. We married in the Philippines long ago, over 10 years. We got final divorce decree last August. When I married her she already had a 1 year old son, so I petition them both and did Affidavit of Support for both of them then. In our divorce there was no mention of thier Immediate Relative VISAs or the supporting Affidavit of Support. As it turned out my ex was already with another guy for a couple of years and her and I just wanted to get the formality of the divorce overwith and done so we could both move on in our lives. Me on to my current filipina fiancee and her to her guy. She did not get spousal support. Our biggest fight by far was custody of our then 10 year old daughter. On my 1-134 Affidavit o Support for my current Filipina fiancee I only listed my daughter even though she lives with her mother (my ex) in another state and I get her on long weekends every month and the standard visitation and 6-7 weeks of the summer. My ex-wife and her sone are not listed on my I-134 and should not be. Also I don;t pay child support because I pay all my daughter's travel expenses when she comes to stay with me. This by court order. This is why she is listed and dependant on me in I-134 even she does not live with me full time.

My fiancee and ex wife have NEVER communicated! My ex, during our divorce, twice tried to call my fiancee but my fiancee saw in her cell phone call from US and knew it was not my number and did not answer. When she told me I knew it was my ex's cell number. She tried once more after that and then stopped. She also sent my fiancee a text telling her what a monster I was and to not get involved with me and the usual from ex wife to new fiancee! Again my fiancee just ignored it. She has not attempted to contact her since.

I'm wondering - how is it that you and your fiance's ex have had contact with each other? Why would you ever want to communicate with her nho matter what she says or does?

Just wondering. Good luck with that!

10/17/2008 - First Contact via message in CB

03/15/2009 - Engaged

05/15/2009 - First meeting in person (I traveled to Philippines)

10/05/2010 - Sent I-129F package to Fiancee VISA service for review and forwarding

12/08/2011 - Interview - Approved!

12/20/2011 - VISA in hand! (Never showed up in 2go online tracking!)

01/04/2012 - POE San Francisco(SFO)I met her there.

01/05/2012 - We're Home!

02/14/2012 - Married Valentine's Day 2012!

05/04/2012 - Mailed AOS/EAD/AP packages via FedEx ground

07/26/2012 - EAD/AP Combo card received

"TeddyHoney and SqueezyBear"

(Derrick and Ritchie)

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Filed: Citizen (apr) Country: Canada
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Yes, he is quaalied on his own though.

Just don't like that part that his ex wife is counted on "our" household size, we just want it to be -him, me, and our baby. But okay, it will just be on paper though not for real as she is not a family and will never be a family to us. :blush:

Thank you guys for the answers. :thumbs:

Our medical plan has my husbands xwife on it and they wont take her name off it because they have to keep record. The worst part is they keep asking if i'm her by her name when I go to the doctor for my appointments... SOOO annoying! I feel you.

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Filed: K-1 Visa Country: Vietnam
Timeline

Well, I was married to a Filipina and we are now divorced. We married in the Philippines long ago, over 10 years. We got final divorce decree last August. When I married her she already had a 1 year old son, so I petition them both and did Affidavit of Support for both of them then. In our divorce there was no mention of thier Immediate Relative VISAs or the supporting Affidavit of Support. As it turned out my ex was already with another guy for a couple of years and her and I just wanted to get the formality of the divorce overwith and done so we could both move on in our lives. Me on to my current filipina fiancee and her to her guy. She did not get spousal support. Our biggest fight by far was custody of our then 10 year old daughter. On my 1-134 Affidavit o Support for my current Filipina fiancee I only listed my daughter even though she lives with her mother (my ex) in another state and I get her on long weekends every month and the standard visitation and 6-7 weeks of the summer. My ex-wife and her sone are not listed on my I-134 and should not be. Also I don;t pay child support because I pay all my daughter's travel expenses when she comes to stay with me. This by court order. This is why she is listed and dependant on me in I-134 even she does not live with me full time.

My fiancee and ex wife have NEVER communicated! My ex, during our divorce, twice tried to call my fiancee but my fiancee saw in her cell phone call from US and knew it was not my number and did not answer. When she told me I knew it was my ex's cell number. She tried once more after that and then stopped. She also sent my fiancee a text telling her what a monster I was and to not get involved with me and the usual from ex wife to new fiancee! Again my fiancee just ignored it. She has not attempted to contact her since.

I'm wondering - how is it that you and your fiance's ex have had contact with each other? Why would you ever want to communicate with her nho matter what she says or does?

Just wondering. Good luck with that!

Did you list your ex-wife and her son in sections 9 and 10 of the I-134? You were supposed to. You submitted petitions and affidavits of support for them.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: K-1 Visa Country: Philippines
Timeline

Our medical plan has my husbands xwife on it and they wont take her name off it because they have to keep record. The worst part is they keep asking if i'm her by her name when I go to the doctor for my appointments... SOOO annoying! I feel you.

Yeah very! Thank you for your understanding.

Sam's CRBA, US Passport, and SSN Journey

Nov. 2010: CRBA and US passport application sent(via Air21)

Dec. 08, 2010: Interview(DNA was recommended)

April 04, 2011: CRBA and US passport on hand

April 2011: SSN Application sent (mailed original docs thru 2GO)

April 29, 2011: SSN card on hand

My K1 Visa Journey

March 05, 2011: I-129F packet sent

March 14, 2011: NOA1

May 20, 2011: NOA2(approved in 67 days from NOA1, with no RFEs)

June 24, 2011: NVC received approved petition from USCIS

June 29, 2011: Approved original petition left NVC to US Embassy-Manila

July 15, 2011: Eligibility letter received from US Embassy-Manila(dated July 11, 2011)

October 26 - June 5, 2012: SLEC trap!!! (DOT tx to vaccine administration)

June 7, 2012: Interview (APPROVED!) :)

June 18, 2012: Visa picked up at the embassy

June 20, 2012: POE in Detroit

proud of my family

:)

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Filed: Citizen (apr) Country: Australia
Timeline
Well, I was married to a Filipina and we are now divorced. We married in the Philippines long ago, over 10 years. We got final divorce decree last August. When I married her she already had a 1 year old son, so I petition them both and did Affidavit of Support for both of them then. In our divorce there was no mention of thier Immediate Relative VISAs or the supporting Affidavit of Support. As it turned out my ex was already with another guy for a couple of years and her and I just wanted to get the formality of the divorce overwith and done so we could both move on in our lives. Me on to my current filipina fiancee and her to her guy. She did not get spousal support. Our biggest fight by far was custody of our then 10 year old daughter. On my 1-134 Affidavit o Support for my current Filipina fiancee I only listed my daughter even though she lives with her mother (my ex) in another state and I get her on long weekends every month and the standard visitation and 6-7 weeks of the summer. My ex-wife and her sone are not listed on my I-134 and should not be. Also I don;t pay child support because I pay all my daughter's travel expenses when she comes to stay with me. This by court order. This is why she is listed and dependant on me in I-134 even she does not live with me full time.

My fiancee and ex wife have NEVER communicated! My ex, during our divorce, twice tried to call my fiancee but my fiancee saw in her cell phone call from US and knew it was not my number and did not answer. When she told me I knew it was my ex's cell number. She tried once more after that and then stopped. She also sent my fiancee a text telling her what a monster I was and to not get involved with me and the usual from ex wife to new fiancee! Again my fiancee just ignored it. She has not attempted to contact her since.

I'm wondering - how is it that you and your fiance's ex have had contact with each other? Why would you ever want to communicate with her nho matter what she says or does?

Just wondering. Good luck with that!

Actually you SHOULD have listed your ex-wife and her son unless they are now USC's because they are counted in your household size. Have a read of the I-864 instructions (though you complete the i-134 the I-864 instructions explain household size better). You better fix this or you could be accused of lying to immigration.

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Filed: K-1 Visa Country: Philippines
Timeline

Did you list your ex-wife and her son in sections 9 and 10 of the I-134? You were supposed to. You submitted petitions and affidavits of support for them.

Section 8 - No

Section 9 - Yes

Section 10 - No

Its been well past 10 years since I filled those VISA petitions and Affidavits of Support.

10/17/2008 - First Contact via message in CB

03/15/2009 - Engaged

05/15/2009 - First meeting in person (I traveled to Philippines)

10/05/2010 - Sent I-129F package to Fiancee VISA service for review and forwarding

12/08/2011 - Interview - Approved!

12/20/2011 - VISA in hand! (Never showed up in 2go online tracking!)

01/04/2012 - POE San Francisco(SFO)I met her there.

01/05/2012 - We're Home!

02/14/2012 - Married Valentine's Day 2012!

05/04/2012 - Mailed AOS/EAD/AP packages via FedEx ground

07/26/2012 - EAD/AP Combo card received

"TeddyHoney and SqueezyBear"

(Derrick and Ritchie)

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Filed: K-1 Visa Country: Vietnam
Timeline

Actually you SHOULD have listed your ex-wife and her son unless they are now USC's because they are counted in your household size. Have a read of the I-864 instructions (though you complete the i-134 the I-864 instructions explain household size better). You better fix this or you could be accused of lying to immigration.

He filled out the I-134, which doesn't even ask if the affidavit of support is still enforceable. It only asks if you've ever submitted an affidavit of support before and if you've ever petitioned for anyone before, and requires you to list those persons. He should have listed his ex-wife, regardless.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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