Affidavit of support?

[Pinoylover 6]

Hi everybody,

I know this probably been asked but maybe not the way I'm going to ask it? The story then the question so you will know what's going on!

The story:

Is I filed K-1 back in 09 for my first Filipino wife got her here in the states got married, got her the social security card, driver lic., work card and so on but we didn't do the AOS she left out of the marriage before the 2 year was done. So i got a divorce after a few months I didn't know where she was had clue but wasn't sure paid the extra money to have her served and all that, needless to say she didn't show up for the divorce court so i was granted the divorce with out her being there. So I'm legally divorced from her and far i know she hasn't done anything but live off her aunt in the last 9 months. we have been divorced since Aug. 1st of 2011.

The question:

Is there something i need to do about the Affidavit of support? If so what can i do i know she hasn't filed for government support and she keeps asking for the whole divorce papers to get a job for the state she's living in now. I guess a government job so she says it is need for this job she's trying to get is she trying to set me up in supporting her with a lawyer? She's the one who left me with out a word and had a good paying job here with me before she left. I'm trying to get my fiance I have now (the one i should have gotten in the first place!) here on a K-1 visa and her daughter. So what do i need to do about the Affidavit of support? Thanks

[Penguin_ie 5,996]

**** Moving from K1 to Effects of Major Changes... forum ****

You say you didn't do AOS (Adjustment of Status), but mention two years, which would be ROC (Removal of Conditions). So did you do AOS to get her the two year greencard? If so, you are on the hook for the affidavit of support, nothing you can do. It will stop only if either of you dies, she leaves the country for good, has worked 40 quarters or becomes a US citizen.

If you/ she did not do AOS, and you as her US citizen sponsor never filled in a I-864 as part of the AOS, then there is no legally binding affidavit of support. Of course, the judgement of divorce may provide hr with support, but that is different from immigration.

[Pinoylover 6]

All i know is that she has a card to work here in the us and a social security card and diver lic. we did go and get the finger prints all that stuff but i think that was for her immigration i can tell you what all she has but that being she took everything with her when she left. I'm sure i filed that form when i did the rest to get her here along with all other the papers to get the fiance visa. But i though we had to do something else if she had made the 2 years agreement? So i read on here that some can file against that form???? Thanks

[Penguin_ie 5,996]

There are two financial support forms. Before her K1 fiance visa interview, you would have filled in a I-134 form. It is not legally binding, forget about it.

The I-864 affidavit of support form is legally binding. You would have filed it as part of her AOS application in after she came here and you got married in the USA. Since you mention finger prints and so on, you probably did file for AOS (well, she did with your support), and thus she has a 2 year greencard. If you did, and she got her greencard, you are on the hook. She does need to remove conditions (ROC) after 2 years to get a ten year greencard, but she can do that by herself since you are divorced, and she doesn;t need a new affidavit of support from you, the old one will remain valid.

[Penguin_ie 5,996]

BTW, in regards to the new fiance: the old fiance's affidavit of support doesn't stop you from petitioning the new fiance (though the short interval will raise red flags- make sure you have lots of relationship evidence, go visit as often as you can, make sure the new fiance knows all about the old one as she'll like be asked at interview). But you do need to declare the previous petition/ affadavit of support, and it means there is one more person in your household to determine minimum income. If you have no kids or other dependents, your household will be you+ ex wife+ fiance+ her daughter= 4

[Pinoylover 6]

so your saying i would have done her AOS before the 2 years? i know i had to pay the $1,025.00 or something was that the AOS? but i only remember having to do only 1 thing with my w2 and so on that was when i was trying to get her here. As for my new fiance she's know everything about my ex so i will tell her to be ready for questions about my ex just in case if we make it to the interview without any other problems paper wise. I can't go back for another year with my job and all (Vacation once a year) but all i have is when i was there for the 10 days and all the months of emails and phone call,texts and we took a lot pictures. hope that will be enough? thanks

[Ban Hammer 13,485]

so your saying i would have done her AOS before the 2 years? i know i had to pay the $1,025.00 or something was that the AOS? but i only remember having to do only 1 thing with my w2 and so on that was when i was trying to get her here. As for my new fiance she's know everything about my ex so i will tell her to be ready for questions about my ex just in case if we make it to the interview without any other problems paper wise. I can't go back for another year with my job and all (Vacation once a year) but all i have is when i was there for the 10 days and all the months of emails and phone call,texts and we took a lot pictures. hope that will be enough? thanks

the aos is normally done shortly after the beneficiary arrives in the states, as within 90 days the beneficiary and petitioner are supposed to get married.

in your op, you mentioned this was a k-1, and she received a work card - this sounds like the ead, which is part of the aos. so yes, it sounds like you did the aos.

Edited December 16, 2011 by charles!

[JimVaPhuong 4,863]

so your saying i would have done her AOS before the 2 years? i know i had to pay the $1,025.00 or something was that the AOS? but i only remember having to do only 1 thing with my w2 and so on that was when i was trying to get her here. As for my new fiance she's know everything about my ex so i will tell her to be ready for questions about my ex just in case if we make it to the interview without any other problems paper wise. I can't go back for another year with my job and all (Vacation once a year) but all i have is when i was there for the 10 days and all the months of emails and phone call,texts and we took a lot pictures. hope that will be enough? thanks

That $1025 was the AOS fee. She's got a two year conditional green card. She can get an unconditional 10 year green card on her own since you're divorced. She only has to prove she entered the marriage in good faith, and that's not particularly difficult to prove. Most immigrants who apply after divorce are approved.

You're on the hook for the affidavit of support, but the government isn't going to enforce it unless she either collects means-tested public benefits, or she files a lawsuit to have it enforced. Until that affidavit of support is no longer enforceable, she is considered part of your household size when you petition for any other immigrants.

[Pinoylover 6]

ok i get it now! What if she gets a job or gets married again? Or i better stay on her better side. she keep wanting the divorce papers i sent her the first page and the last page showing we was divorced but she said she had to have it all do you guys think she trying to get this from me? Thanks for all your help in answering my questions.

[Tahoma 2,292]

Don't do her errands for her. Let her get the divorce papers herself from the county clerk.

[Penguin_ie 5,996]

ok i get it now! What if she gets a job or gets married again? Or i better stay on her better side. she keep wanting the divorce papers i sent her the first page and the last page showing we was divorced but she said she had to have it all do you guys think she trying to get this from me? Thanks for all your help in answering my questions.

The affidavit of support continue even if she has a job or remarries Your best bet is to encourage her to apply for citizenship asap, as your obligation ends then.

I don't know why she wants the papers- maybe she thinks it says something about spousal support (that would be different from the immigration affidavit of support), or lists joint assets she is entitled to. She can get a copy from the courts herself, and sooner or later she'll figure that out.

[VanessaTony 3,567]

ok i get it now! What if she gets a job or gets married again? Or i better stay on her better side. she keep wanting the divorce papers i sent her the first page and the last page showing we was divorced but she said she had to have it all do you guys think she trying to get this from me? Thanks for all your help in answering my questions.

It appears she is filing ROC with a divorce waiver. For that she needs a copy of the divorce papers. She doesn't NEED you to give her a copy but it means she doesn't have to bother.

ROC won't change anything for you, it just gets her a 10 year greencard. You're still on the hook for the I-864 for 10+ years, until she or you die, she becomes a USC or leaves and gives up her GC.

The story:

Is I filed K-1 back in 09 for my first Filipino wife got her here in the states got married, got her the social security card, driver lic., work card and so on but we didn't do the AOS she left out of the marriage before the 2 year was done. So i got a divorce after a few months I didn't know where she was had clue but wasn't sure paid the extra money to have her served and all that, needless to say she didn't show up for the divorce court so i was granted the divorce with out her being there. So I'm legally divorced from her and far i know she hasn't done anything but live off her aunt in the last 9 months. we have been divorced since Aug. 1st of 2011.

I'm trying to get my fiance I have now (the one i should have gotten in the first place!) here on a K-1 visa and her daughter. So what do i need to do about the Affidavit of support? Thanks

You should know that filing a K1 for someone so soon after your relationship ending doesn't look very good. Better make sure you are both prepared for the qns.

[mr and mrs 187]

your household will be you+ ex wife+ fiance+ her daughter= 4

cozy!

[JimVaPhuong 4,863]

ok i get it now! What if she gets a job or gets married again? Or i better stay on her better side. she keep wanting the divorce papers i sent her the first page and the last page showing we was divorced but she said she had to have it all do you guys think she trying to get this from me? Thanks for all your help in answering my questions.

I agree with Vanessa. I think she wants the entire divorce decree so she can file to remove conditions. She can get a copy of it on her own. She should probably do that anyway since you're probably sending her photocopies, and she'll want an original certified copy for her own records. Tell her to contact the county clerk's office in the county where you were divorced to get a certified copy. There's no point in playing coy with her. You can't stop her from getting a copy of the decree, and you'll only piss her off if you're acting like you can. The best way to deal with an ex-spouse is to be businesslike. Just give her the facts.

If she gets a job or gets married again then that would probably reduce the likelihood of her collecting any means-tested public benefits, but it won't change the terms of the affidavit of support. It remains enforceable until one of the four conditions has been met:

1. She becomes a US citizen, or

2. She loses her resident status and leaves the US, or

3. She accumulates 40 quarters (10 years) of Social Security work credits, or

4. Either of you dies.

Edited December 17, 2011 by JimVaPhuong

[merkin&regine 18]

ok i get it now! What if she gets a job or gets married again? Or i better stay on her better side. she keep wanting the divorce papers i sent her the first page and the last page showing we was divorced but she said she had to have it all do you guys think she trying to get this from me? Thanks for all your help in answering my questions.

A copy of your divorce decree can be obtain from the court where you filed the divorce... and I dont think she can get something from you on the divorce as you have said, you are already divorced.. so that means that your divorce is final and irreversile. Whatever is stated on your divorce decree in final, she cant just changed it and since you said you filed the divorce and she didnt contest about it thats why it was granted, It's so hard for me to think that you added something on your divorce stating that you want to give alimony on your X.. this would be silly to do.. so I assume nothing on your divorce decree thats says that you are giving money to her...

If she really wants a copy, she can get that anytime at the courthouse where your divorce was granted.