i751 and new i130

[The-Journey 21]

I just thought about something that I never really wondered about. I did a dcf for my previous marriage. We got divorced before the i751. A letter was sent to my previous address about her, still waiting to see what the letter is about. Most likely about not removing conditions. She is still in the usa. 

 

I submitted an i130 for my new marriage. Will  my previous marriage present problems with the new i130 I filed? My previous marriage was a legal divorce. 

[cyanmavi 101]

You will need to include your previous spouse in your household when calculating the 125% poverty line for the affidavit of support I-864 for the new spouse.

[The-Journey 21]

Just now, cyanmavi said:

You will need to include your previous spouse in your household when calculating the 125% poverty line for the affidavit of support I-864 for the new spouse.

I also have a son from previous marriage so I need to include both of them? You didn't answer the question I was asking but this is also helpful info. 

[cyanmavi 101]

Yes your son also needs to be included.

The affidavit of support/poverty line for sponsorship was the only problem I thought would come up.

You might also face additional scrutiny due to you petitioning a second spouse within three years.

[The-Journey 21]

Just now, cyanmavi said:

Yes your son also needs to be included.

The affidavit of support/poverty line for sponsorship was the only problem I thought would come up.

You might also face additional scrutiny due to you petitioning a second spouse within three years.

I see, thanks.. So I guess it is on her to fix her immigration issues then. Once separated its not my responsibility about her immigration status. (my assumption) 

[cyanmavi 101]

She can remove conditions without your involvement, but you are responsible for the affidavit of support for 10 years.

She needs to change her address with USCIS if she is still receiving mail at your previous address, and should apply for removal of conditions with a divorce waiver.

[The-Journey 21]

Just now, cyanmavi said:

She can remove conditions without your involvement, but you are responsible for the affidavit of support for 10 years.

She needs to change her address with USCIS if she is still receiving mail at your previous address, and should apply for removal of conditions with a divorce waiver.

My only concern was about my submission of a new i130 for my present spouse. 

[cyanmavi 101]

Understandable.

Well, I hope it all goes smoothly for you!

 

 

 

Edited September 27, 2017 by cyanmavi

[The-Journey 21]

Just now, cyanmavi said:

Understandable.

Well, I hope it all goes well smoothly for you!

Thanks! 

[geowrian 22,338]

Exactly. She is responsible for her immigration status now...no need to worry about that part.

 

As for a new I-130 / CR-1/IR-1 visa, they will likely look at the case with additional scrutiny since you petitioned for somebody in the past. It's by no means a reason for denial in itself...many people have done this fine. Just provide plenty of evidence of a bona fide marriage. Good luck.

Edited September 28, 2017 by geowrian

[Ryan H 3,834]

***Moved from Progress Reports to Process & Procedures.***

 

**Moderator hat off**

 

8 hours ago, cyanmavi said:

but you are responsible for the affidavit of support for 10 years.

 

Not quite correct, the previous I-864 remains in effect until/unless one of the following happens:

• Beneficary becomes a US Citizen
• Benefiary can be credited with 40 quarters of work
• death of ether petitioner or beneficiary 
• beneficary surrenders green card and leaves the US