I-134 Help with previous DCF confusion

[HulkySun 4]

 I am waiting for NOA2 any day now for K1 Visa Fiance. I am working on i-134 and I am fully sponsoring her.    Very Confused.

 

My history is: Born in USA and citizen. I lived in Europe as dual resident for 10 years. I am back in USA for 4 years. Before moving back I did DCF DIRECT CONSULATE FILING for my spouse to come with me to USA (remember we both are living abroad). on the forms I did not have employment and did not file any taxes for the last 3 years as I didn't make enough.  My father did the I-864 checking off "I am the only joint sponsor" and Yes to "I am sponsoring the principal immigrant named in part 2.   Then his wife did the I-864a

 

This was for my Ex as we are now divorced for few years.  Since I did not have work, income, taxes back then to show while living in europe coutry, I don't remember that I did or didn't put forward I-864? 

 

So my questions are: 

 

1. Based on the above info, am I financially responsible for my ex wife if still living in USA in case she needs, or is my father since they went off his financials /income?

 

for I-134:

 

2. for the I-134 for my now fiance, what do I put on Part 3 22a ?? Did I previously submit AOS ? and put my Ex Wife here? Even when my father was her full Joint sponsor ?

 

3. for the part 3 section: "I have submitted a visa petition(s) to the US Citizenship and Immigration Services on behalf of the following persons:"  Do I put my ex wife here? and then also my new Fiance?   and if yes... how would I then answer number 38?

 

thank you for any help 

 

PS I did bump up an older post in another thread but title doesn't make sense to knew issue, sorry please lock that i guess.

 

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Edited November 12, 2020 by HulkySun

[Boiler 45,486]

You are unless she naturalised.

[HulkySun 4]

17 minutes ago, Boiler said:

You are unless she naturalised.

But its my father who signed that contract as 'the only joint sponsor' ?  This is DCF, I am in living in Europe at this point and he is signing to take care of her in his house in the USA. Help me understand

Edited November 12, 2020 by HulkySun

[Boiler 45,486]

Because you are the sponsor.

[Letspaintcookies 2,310]

The person who petitions is always the main sponsor even if you made 0,00. Your dad is the joint sponsor. He's joining you to help but you are the main one.

[Just Paul 4,595]

3 hours ago, HulkySun said:

1. Based on the above info, am I financially responsible for my ex wife if still living in USA in case she needs, or is my father since they went off his financials /income?

Both you and your father are responsible, potentially for the rest of her life.  You need to do your research.

 

3 hours ago, HulkySun said:

2. for the I-134 for my now fiance, what do I put on Part 3 22a ?? Did I previously submit AOS ? and put my Ex Wife here? Even when my father was her full Joint sponsor ?

Spousal Visas don't AOS

 

[HulkySun 4]

19 minutes ago, Paul & Mary said:

Both you and your father are responsible, potentially for the rest of her life.  You need to do your research.  

 

Spousal Visas don't AOS

 

1. Thank you for clearing that up, ok rest of her life. How does this affect the i-134?

 

2. Spousal Visa don't AOS :  You were quoting me with this answer for 22a. ? Can you elaborate what you mean for that on 22a please?

[HRQX 4,145]

9 minutes ago, HulkySun said:

Spousal Visa don't AOS :  You were quoting me with this answer for 22a. ? Can you elaborate what you mean for that on 22a please?

The acronym "AOS" has 2 different meanings: "Adjustment of Status" and "Affidavit of Support." Paul's recent post was referring to Adjustment of Status.

 

Spousal Visa do submit Affidavit of Support.

[Just Paul 4,595]

10 minutes ago, HulkySun said:

1. Thank you for clearing that up, ok rest of her life. How does this affect the i-134?

 

2. Spousal Visa don't AOS :  You were quoting me with this answer for 22a. ? Can you elaborate what you mean for that on 22a please?

You have to read the instructions literally.  That section they use the word PREVIOUSLY.  If you only had the 1 spousal then that is the only one you enter.

[HulkySun 4]

thanks !   So on 22a and 26a, I will put my ex spouse with relationship to me as: spouse.. or ex spouse ?

 

and also put my current fiance right after my ex spouse  on 30a

 

With this information, does this raise my income requirements?   My ex is currently working and fully supporting herself for years now

[HRQX 4,145]

19 minutes ago, HulkySun said:

My ex is currently working and fully supporting herself for years now

10 years* or more? Your legal financial obligation ends when she can be credited with 40 SSA quarters.

 

*Less if she is currently married and her current spouse is also employed (thus earning SSA credits)

[Boiler 45,486]

5 hours ago, HulkySun said:

thanks !   So on 22a and 26a, I will put my ex spouse with relationship to me as: spouse.. or ex spouse ?

 

and also put my current fiance right after my ex spouse  on 30a

 

With this information, does this raise my income requirements?   My ex is currently working and fully supporting herself for years now

Is she a US Citizen?