I-864 counting ex-wife as dependent

[MikeandThea 11]

In a effort to complete the AOS process, I am filling out the I-864 for my 2nd wife from the Philippines. I petitioned my first Filipina wife in 2008 and she got her 10 year Green card in 2011 but we divorced in 2013. I met and petitioned another Filipina in 2016 and she is here in USA with me on a k-1 visa and her I-94 expires in April. We got married February 23, 2017.

 

Part 5, question 6 of the I-864 asks, "IF you have sponsored any other persons on an I-864 or I-864 EZ who are now lawful permanent residents, enter the number here"

 

This is to determine the household size and to see if I meet the income requirements. Since my ex-wife was put on a previous I-864 and I am responsible for her financially until death, counting her and our son (she has primary custody but I pay her child support and still have to count him as a dependent) puts my household number at 4. My income is $35,135 per year so I meet the required income for a family of 4.

 

My ex-wife is working and on her own but we are not on good terms due to the nature of our divorce. What is the affect of having an ex-spouse that was petitioned in a previous immigration case? Will USCIS have a problem with this? Will I have to depend on my ex for any cooperation in this AOS process? I know she will not cooperate in anyway i.e. providing income data, etc.

 

Thanks in advance

[aleful 1,905]

you aren't responsible for her until death, but until she becomes a USC or has worked for 40 quarters

 

since she probably hasn't, you must include them on your affidavit of support as part of your household

 

your new marriage may be scrutinized due to a previous marriage, but if you have enough bona fide evidence, there won't be a problem

 

  

[MikeandThea 11]

1 hour ago, aleful said:

you aren't responsible for her until death, but until she becomes a USC or has worked for 40 quarters

 

since she probably hasn't, you must include them on your affidavit of support as part of your household

 

your new marriage may be scrutinized due to a previous marriage, but if you have enough bona fide evidence, there won't be a problem

 

  

Yeah, I know about the USC and 40 quarters, that's why it's until death for me because she will never be a USC and I'll be dead before she makes 40 quarters. Thanks for the comment

[Suss&Camm 2,213]

1 hour ago, aleful said:

you aren't responsible for her until death, but until she becomes a USC or has worked for 40 quarters

 

since she probably hasn't, you must include them on your affidavit of support as part of your household

 

your new marriage may be scrutinized due to a previous marriage, but if you have enough bona fide evidence, there won't be a problem

 

  

I agree with this and also want to add that as far as the i-864 is concerned you don't have to include anything that has to do with her income since you are only using your income to qualify. Ofc it might be on passed tax returns but your individual income is what will count as household income also. The only implication for the i-864 in particular is the bigger household size.

Edited March 27, 2017 by Suss&Camm