Affidavit of Support woes for second AOS

[bemydruidess 0]

Hi all.

Quick question.

My fiancé was previously married to an EU citizen. She entered on a VWP and they married before filing for AOS.

She got her green card and decided she wanted nothing to do with him (funny that...) and they have divorced.

We are now looking at he and I taking the K1 route and I understand him filling in an Affidavit of Support is a part of the process.

My worry is that as he filed an Affidavit of Support for her, and was her sponsor, that he will need to include her in this form.

This link (http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf) shows the minimum income requirements to fill in the I864, so my question is, HOW is this woman going to affect him being my sponsor?

Does it mean our household size is 3, rather than 2 (including her)?

I do hope this makes sense to someone!

[teeak 224]

How long ago did he sponsor her? Do you know if she is a US citizen now?

[bemydruidess 0]

They were married for about 2.5 years I believe. I am not 100% sure if she is a USC or no, he seems to think she isn't but I have a feeling she is, would you mind explaining the implications of either scenario?

Thank you.

[teeak 224]

If she were to become a US citizen then his responsibilities that he agreed to when he signed the I864 would be terminated. How long has it been since she got her green card? If it's been 5 years then it is possible that she is a USC.

From page 8 of the I864 form: http://www.uscis.gov/sites/default/files/files/form/i-864.pdf

When Will These Obligations End?

Your obligations under a Form I-864 that you signed will end if the person who becomes a lawful permanent resident based on that affidavit:

A. Becomes a U.S. citizen;
B. Has worked, or can receive credit for, 40 quarters of

coverage under the Social Security Act;

C. No longer has lawful permanent resident status and has departed the United States;

D. Is subject to removal, but applies for and obtains, in removal proceedings, a new grant of adjustment of status, based on a new affidavit of support, if one is required; or

E. Dies.
NOTE: Divorce does not terminate your obligations under

Form I-864.

Your obligations under a Form I-864 that you signed also end if you die. Therefore, if you die, your estate is not required to take responsibility for the person's support after your death. However, your estate may owe any support that you accumulated before you died.

[bemydruidess 0]

Ah okay. If she is not a USC, and remains his responsibility, does that mean our household is 3 and not 2?