After Divorce, (from K-1) What is my responsiblities and for how long?

[raven52 233]

Not sure where to post this. My friend, lets call him Tom, was married to a Filipino 8-12. (via K-1)

-divorced, final decree 10-14.

-her 2 yr. GC expires next month.

-his ex wife is gone back to Phils., and is either already married to a German guy, or will be shortly. She is going to live in Germany. (I know things can change)

-she has no plans for ROC, according to her (I know, things change)

-how long does Tom have to carry her as a dependent if he should.,.,ever..,. apply for another K-1 from the Phils. or some other country.

-this ROC procedure, has us confused, if she does not file, is there a time limit, when she could be taken from "his responsibility" any advice about this is appreciated.

-should he file for an appointment at the local USCIS office, about 1 and 1/2 hours away? Would this be done by calling the USCIS, and asking for an "info pass" appointment?

-a broad complicated subject to us and would like to have some guides recommended to study, and learn about this.

-this is a question for one of our very skilful posters, "What would you do, if anything can be done?"

Thank you one and all for any help!

-is there anything he can do to get her off his

[icv21 110]

He sure can ask for an info pass and talk to someone. ( even sometimes they don't seem to have lost of answers).

I think it makes it easier for "Tom" the fact that the ex wife is leaving the country and not even aplying for ROC ( we know things can change ) if she doesn't apply for ROC the green card she has now expires. As you already know I'm sure... I have a friend from Luxembourg who something similar happened... And she can't come here not even on vacation because left without taking care of ROC.

Someone with more knowledge will help around here.

But you know he can marry someone else even if he has the responsability of the first wife for a little bit

[Pitaya 2,577]

~Moved form ROC to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

[VOL 425]

He will be fine, especially if he applies for another K1 in Philippines. I doubt they will even ask about her if he does another K1 in Philippines

When you do the I 134 they only ask if you have ever done a Affidavit of Support before and if so list the person, they don't ask you for their status.

[Caryh 5,206]

How long has she been out of the USA? Her green card has an expiration date. If she doesn't file to ROC she has no green card. If she's been out of the country for a year, her green card would get yanked if she tried to re-enter. The ROC requires you to file before the green card expires. They may give a little leeway with a good reason why you didn't file in time, but not much. I would say your friend is close to being in the clear. If he does file another case, he can give the name and USCIS will sort out of she's still a dependent based on the I-864.

The green card requires you maintain residence in the USA. Sounds like she has given up residing here when she moved back home. Now she could still get back in with no issues at all it she stays out of the country for less than 6 months, but any longer than that and she's going to be questioned. Would she have a place to even move into?

[JohnR! 5,495]

It all hinges on whether she will file for ROC. If she does, Tom's responsibility as a sponsor, as per the I-864 he signed will end when she becomes a USC or after 10 years, roughly. If she misses her ROC filing date and lets her GC expire, she will no longer be considered a LPR, in which case Tom's off the hook for good.

For taxes purposes Tom's back to 'single'. She is no longer a dependent from the moment the divorce became final.

You can file for a K-1 as long as you're free to marry.

Good luck!

Not sure where to post this. My friend, lets call him Tom, was married to a Filipino 8-12. (via K-1)

-divorced, final decree 10-14.

-her 2 yr. GC expires next month.

-his ex wife is gone back to Phils., and is either already married to a German guy, or will be shortly. She is going to live in Germany. (I know things can change)

-she has no plans for ROC, according to her (I know, things change)

-how long does Tom have to carry her as a dependent if he should.,.,ever..,. apply for another K-1 from the Phils. or some other country.

-this ROC procedure, has us confused, if she does not file, is there a time limit, when she could be taken from "his responsibility" any advice about this is appreciated.

-should he file for an appointment at the local USCIS office, about 1 and 1/2 hours away? Would this be done by calling the USCIS, and asking for an "info pass" appointment?

-a broad complicated subject to us and would like to have some guides recommended to study, and learn about this.

-this is a question for one of our very skilful posters, "What would you do, if anything can be done?"

Thank you one and all for any help!

-is there anything he can do to get her off his

[Boiler 45,525]

Unless you know she has abandoned her status then you would need to included her on any future I 864.

Once bitten twice shy comes to mind.

[Eric & Idalia 56]

In here says http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Read question 11:

11. How Long Does My Obligation as a Sponsor Continue?

Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the

sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.

Although 40 qualifying quarters of work (credits) generally equate to 10 years of work, in certain cases the work of a

spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to

count qualifying quarters (credits) of work.

The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful

permanent resident and departs the United States. Divorce does not end the sponsorship obligation.


So according to this, the sponsor will have obligations until:

-The sponsored immigrant becomes a USC or

-The sponsored immigrant is credited with 40 qualifying quarters of work in the United States (10 years of work) or

-The sponsored immigrant dies or

-The sponsored immigrant ceases to be a lawful permanent resident and departs the United States.

The last one seems to fit the case.

Edited December 17, 2014 by Eric & Idalia

[Shenzhen 34]

They will definitely ask about the first one if you file a 2nd k-1.

Edited December 18, 2014 by Shenzhen

[raven52 233]

I want to thank each any every poster, for your excellent advice! Tom, and I both thank you!

It seems that her GC is expiring this month, and somewhere I read that about 89 days, not 90 days, before your GC expires, you should file for ROC. I think that is fairly accurate. She is in Germany, and remarried now. She has been gone from the USA since May.,., and signed the divorce papers, notarized, admitted to adultery, heck, she would have admitted to "murder" to get the divorce over, and get out of the USA. That was early summer, takes a year separated in South Carolina to get the divorce, so hence the wait until this past October to be final. I know a divorce does not "release" Tom from anything, it is just the facts of when she left, and her GC expiration. She plans no ROC.,.,.as I do not think you can do it from Germany

Would Tom have to get an appointment at the local USCIS office (an info pass I guess) and present all his documentation, when she left, her GC date of expiration, etc. to remove her from any I-864 ""he might"" file in the future? In other words, "remove her from his life?"

[Boiler 45,525]

Has she officially abandoned her PR status? A lot of this sounds heresay.

[raven52 233]

Thank you Boiler, I am not privileged to your "interpretation" of 'hearsay', we just quote the facts.

She is remarried, she is in Germany.

Her GC is either expired, or within a few days.

She is not in the USA to file for ROC.

Excuse me, these are facts, not 'hearsay'..,.., no matter how it sounds!

She has 'abandoned' nothing to our knowledge, as we can only say "what we know as fact"

Fact would seem to be, her GC will 'die' and so will her connection with, ""Tom"" no GC, no ROC, correct?

[Boiler 45,525]

Did she complete the I 407.

[VOL 425]

They will definitely ask about the first one if you file a 2nd k-1.

Not Really

I have done (3) K1 Visa all from Philippines. First one ended in Divorce and she has US Citizenship. 2nd one K1 Approval, never scheduled interview at Embassy and later I withdraw the approved Petition, Last one couple of months ago I went to Philippines since I assumed they would bring up my previous K1's, Short interview about 4 simple question and boom CO said you are approved.

I was shocked on the quick approval and shocked on the CO not asking about my previous K1's..

[Boiler 45,525]

Regulars should get special treatment.