I864 Household Size

[chantislo 0]

Happy sunday all....

I met my ex husband here in the US back in 2002 and we married in 2003 And I filed for him to become a permanent resident through a lawyer. Im in the process of completing the I864 form to send to my fiance and Im not sure if I used this same form when I filed for my ex. I'm a little confused at this point. Should I include my ex husband as part of my household? According to the instructions divorce doesnt end the sponsorship obligations.

Please help!! I wouldnt want any further delays down the line.

[Inky 1,110]

864 is generally not used for K-1 visas until AOS is filed for after marriage and inside the USA. The form used for K-1 is largely the I-134 when doing the affidavit of support.

[chantislo 0]

I was using the incorrect form How about that!!!! thanks alot

[Harpa Timsah 13,258]

When you get to the I-864, yes, your ex-husband will be included in your household count unless he has become a citizen.

[aaron2020 11,651]

Happy sunday all....

I met my ex husband here in the US back in 2002 and we married in 2003 And I filed for him to become a permanent resident through a lawyer. Im in the process of completing the I864 form to send to my fiance and Im not sure if I used this same form when I filed for my ex. I'm a little confused at this point. Should I include my ex husband as part of my household? According to the instructions divorce doesnt end the sponsorship obligations.

Please help!! I wouldnt want any further delays down the line.

The I-864 obligation for your ex-husband may have ended. If he is a US citizen, the obligation has ended. If he has 40 work quarters, the obligation has ended.

Now the magic - calculating his 40 qualifying quarters. It includes the quarters credited to him for his work and the quarters credited to his current spouse during their marriage.

For example; He earned 36 work quarters. His current wife earned 4 quarters during their marriage. He is credited with his 36 quarters and the 4 quarters earned by his current wife during their marriage.

As you can see, it doesn't take 10 years of work to earn 40 quarters of SSA work credits.

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http://www.***removed***/affidavit-of-support/exemptions-exceptions.html

Affidavit of Support Form I-864 should not be filed for the following types of intending immigrants:

Intending immigrant who has earned or can be credited with 40 qualifying quarters (credits) of work in the U.S.

You can acquire 40 qualifying quarters in the following ways:

Working in the U.S. for 40 quarters in which you received the minimum income established by the Social Security Administration.

It is important to note that, in calculating the qualifying quarters that may be credited to an intending immigrant, the intending immigrant may not count any qualifying quarters worked during any period after December 31, 1996, in which the person who claims to have worked the qualifying quarters received a Federal means-tested public benefit.

I-864 is not required in this case as it would serve no purpose, since there would be no support obligation.

By being credited with quarters worked by your spouse during the marriage to your current spouse or a parent during the time you were under 18 years of age.

The beneficiary can claim all quarters worked by a parent prior to the beneficiary's 18th birthday, even including time worked before the beneficiary was born to or adopted by the parent. However, one can claim qualifying quarters worked by a spouse only if one is still married to that spouse or if the spouse has died. Only those quarters worked during the marriage can be claimed.

You can not count any quarter in which the spouse or parent was receiving means-tested public benefits.

A combination of the above.

Include all SSA forms necessary to establish that you have or can be credited with 40 quarters of coverage.

The Social Security Administration (SSA) can provide information on how to count quarters of work earned or credited and how to provide evidence of such. Please visit the SSA web site[1] for more information.

Edited February 5, 2012 by aaron2020

[aaron2020 11,651]

When you get to the I-864, yes, your ex-husband will be included in your household count unless he has become a citizen.

Not entirely correct since there are several different ways for the I-864 obligation to end. The immigrant becoming a US citizen is only one of the ways to end the obligation.

She does not have to count her ex-husband if he has 40 qualifying quarters of Social Security credits. He will be credited with his own work quarters and any work quarters earned by a spouse during a marriage.

[chantislo 0]

hmmmm Interesting.... Im not quite sure if he is now a US citizen,if he is still employed or remarried... I do know that he is alive

[acuratlsd 11]

You said that only the I-134 Affidavit of Support is used for K-1 which will include the Sponsor and Joint Sponsor if necessary. Even though, the I-134 is used for the first part, you still have to go by the I-834P Guidelines, but if you had a joint sponsor, would that require you to use form I-834A (Contract between Household Member) for your Joint Sponsor.

[KayDeeCee 4,893]

You said that only the I-134 Affidavit of Support is used for K-1 which will include the Sponsor and Joint Sponsor if necessary. Even though, the I-134 is used for the first part, you still have to go by the I-834P Guidelines, but if you had a joint sponsor, would that require you to use form I-834A (Contract between Household Member) for your Joint Sponsor.

No. The co-sponsor would also fill out their own separate I-134. The 125% poverty guidelines are still followed at most consulates, even when using the I-134.

[Inky 1,110]

You said that only the I-134 Affidavit of Support is used for K-1 which will include the Sponsor and Joint Sponsor if necessary. Even though, the I-134 is used for the first part, you still have to go by the I-834P Guidelines, but if you had a joint sponsor, would that require you to use form I-834A (Contract between Household Member) for your Joint Sponsor.

Manila requests this but this is an embassy specific request at the interviews. Not all embassys request this to be done this way.