Question...

[ameerati 0]

Hello All:
I hope this finds you all well. I have a question. I used to be married and my ex husband required an adjustment of status and he did receive his green card, up to the 10 year green card status. However, he left the country with no intent of coming back after our divorce. So his green card status is voided and is no longer in permanent residence status.
However, I met somebody else that I would like to marry and I am thinking of doing an CR-1 for him. Will I still need to count my ex-husband in the income requirement or not? For example do I need to count the $25, 975.00 guidelines or the $31, 375? I am confused on that issue.

 

Sincerely 
Ameerati

[TM92 527]

31 minutes ago, ameerati said:

I used to be married and my ex husband required an adjustment of status and he did receive his green card, up to the 10 year green card status. However, he left the country with no intent of coming back after our divorce. So his green card status is voided and is no longer in permanent residence status.

Hi @ameerati, are you still in contant with your ex? Do you know if he formally renounced (I-407) the green card? If he filed the I-407, then you don't need to count your ex. For peace of mind you can ask your ex for proof of I-407 filing (USCIS provides a copy of the filed I-407 for future reference).

[Enigma11561 336]

If you are fully divorced and the divorce stipulates that neither one of you is responsible for the other, I see no reason to include him. I would think that this would override any affidavit of support you may have previously filed. But I would like to hear from others who may have been down this path before.

 

[TM92 527]

23 minutes ago, Enigma11561 said:

I would think that this would override any affidavit of support you may have previously filed.

From USCIS, https://www.uscis.gov/greencard/affidavit-support:

Quote

Responsibilities as a Sponsor

When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s) generally until they become U.S. citizens or can be credited with 40 quarters of work. Your obligation also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a permanent resident and departs the United States.

 

Note: Divorce does NOT end the sponsorship obligation.

 

If the individual you sponsored receives any "means-tested public benefits," you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue you in court to get the money owed. Any joint sponsors or household members whose income is used to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant.

[Ryan H 3,810]

Moved from Progress Reports to Process & Procedures.

[Enigma11561 336]

1 hour ago, TM92 said:

From USCIS, https://www.uscis.gov/greencard/affidavit-support:

Well there you go. Glad someone else chimed in. However, for the OP, it is good news just the same.