I-864 Questions

[dstrausser83 14]

Ok, so lets see if we can figure this out....

First when you count people, in part 5, it says Household size.

Then it says enter the number you entered on line 10, which would be 01.

Persons NOT sponsored in this affidavit:

Yourself: 1

If you are currently married, enter "1" for your spouse.... if your spouse is the immigrant, do you just leave blank? That's where I am lost.

Income guidelines.

In 2012 I made approx $37 - $39,000 (I'll know at the end of the month exactly). I'm within the guidelines for a 4/5 person home. I won't have the tax transcript in time, I will only have a copy of our return. Since it says a "photocopy or transcript of your Federal Tax Return" I am assuming for 2012 a photocopy of my 1040 will be fine?

In 2011, I made about $22,000 accounting for my AGI. Before deductions I was around $30k, but they only go by AGI and also I was laid off for about 1/4 of the year.

In 2010, I lost my job and lived in Peru for about half of the year (where I met her). I only made about $15 - $20k or so, well under the guidelines.

Will being under for 2011 + 2010 disqualify me from being the sponsor? I will be over the minimal amount this year as well.

How many people sponsored:

Do I have to count my ex-wife? I know divorce doesn't stop a sponsorship. I think she still has her green card, but I don't know. I did originally sponsor her. She has worked some, but I know for the last 3 years (since we divorced) she has been in Mexico living outside the country. It has been 10 years since I initially sponsored her. I would think because she has worked and moved back to Mexico that would relinquish my responsibility and I wouldn't have to "claim" her on the new I-864, right?

Thanks as always!!!

David

[Kazulie 132]

Leave it blank. If your spouse is the intending immigrant he/she goes in the first box. Do not put a 1 in the spot for "spouse" underneath the "NOT sponsored" line.

They want your GROSS income. The amount u made BEFORE deductions.

Edited January 15, 2013 by Kazulie

[dstrausser83 14]

Ok, one mystery solved..... 2 more to go. Thanks!!!

[Kazulie 132]

Ok, one mystery solved..... 2 more to go. Thanks!!!

They want your GROSS income...BEFORE deductions. They are mainly focused on current income so the past shouldn't be a problem.

In regards to your ex, if you are still responsible for her, you have to put her down. If she gave up / lost her green card due to moving out of country, you wouldn't be responsible anymore, but I don't know how/if you could figure out her status. Maybe you can call?

[dstrausser83 14]

They want your GROSS income...BEFORE deductions. They are mainly focused on current income so the past shouldn't be a problem.

In regards to your ex, if you are still responsible for her, you have to put her down. If she gave up / lost her green card due to moving out of country, you wouldn't be responsible anymore, but I don't know how/if you could figure out her status. Maybe you can call?

I was hoping that with the income. That takes a whole lot of stress off me.

Yeah I've tried talking to her about it. Like hey, let me know when it expires and I'll help you renew it or lets file citizenship papers for you (to try and figure out whats up) and she doesn't want to discuss any of that with me. We stay in contact because of our son.

My initial leaning is no I wouldn't be responsible for her anymore because she has in essence willingly left the country and by not residing in the United States would be in violation of her Green Card status. Plus there is the essence of working too, she has worked in the past... for all I know she could be working right now in the US crossing the border everyday like everybody else down there... I got no clue.

[Kazulie 132]

She has to work 40 quarters which would equal out to be 10 years...I doubt she has that.

Your best bet would be that her green card was taken away due to not living in the states, but you need to get this verified first. You can't just not put her down because we "think" she has lost her green card. I'm hoping someone with experience in this will chime in. Otherwise I would start making calls to immigration to see how to find out her status.

[dstrausser83 14]

Thanks for your help. Yeah hopefully somebody will chime in.

[inqztve 42]

I was hoping that with the income. That takes a whole lot of stress off me.

Yeah I've tried talking to her about it. Like hey, let me know when it expires and I'll help you renew it or lets file citizenship papers for you (to try and figure out whats up) and she doesn't want to discuss any of that with me. We stay in contact because of our son.

My initial leaning is no I wouldn't be responsible for her anymore because she has in essence willingly left the country and by not residing in the United States would be in violation of her Green Card status. Plus there is the essence of working too, she has worked in the past... for all I know she could be working right now in the US crossing the border everyday like everybody else down there... I got no clue.

This is from the I-864 instructions: Your obligation will continue until

1) She becomes a citizen or

2) Gets 40 qualifying quarters of work (generally 10 years) or

3) She passes away

4) Ceases to be a LPR and departs US.

It specifically says divorce not end obligation.

Hope this helps. If she doesn't fall in those categories you have to count her in your calculation.

Edited January 16, 2013 by inqztve

[dstrausser83 14]

I know divorce doesn't end obligation. We don't know if she qualifies for #4 or not as she has departed from the US but not known about her legal status.

[Kazulie 132]

What happened? Did you call someone to see how to go about finding out her status?

[dstrausser83 14]

No idea. I'm still waiting for a response.

[Kazulie 132]

ok. Keep us updated. Good luck!