K2 AOS, RFI received- I AM ALREADY DIVORCED

[geegeemarie 0]

Hello everyone. I am new here. I have been reading posts from this page, but this is the first time I will ask. Here is my scenario, I received an RFI for my K2's AOS. It is asking me to submit  an affidavit of support from  my spouse, which is now my ex. We were divorced, due to DV. So I filed my kids AOS on my own. I submitted the AOS packet with a cover letter explaining why I signed the Affidavit of support and I included my divorce papers. I also included proof of income, such as 3yrs 1040 and W2. I also included a statement/ certificate from my employer confirming my annual income and that I exceeded the poverty guidelines requirements. I attached the second page of the RFI, I'm kind of confused, if I needed to submit I-944 or no? If not, what else are they asking... Please help me. Thank you so much.

Edited November 24, 2020 by geegeemarie

[Boiler 45,558]

What is your status, your ex husband was and still is the petitioner.

[Letspaintcookies 2,310]

If you applied after February 24th you have to submit the I-944.

[Chancy 6,241]

2 hours ago, geegeemarie said:

I received an RFI for my K2's AOS. It is asking me to submit  an affidavit of support from  my spouse, which is now my ex. We were divorced, due to DV. So I filed my kids AOS on my own.

 

Are you already an LPR?  If not, do you and your kids have an approved VAWA I-360 petition?

 

[Chancy 6,241]

19 minutes ago, Letspaintcookies said:

If you applied after February 24th you have to submit the I-944.

 

Not if they applied based on VAWA.  I-944 is not required for AOS based on an approved I-360.  But it's not clear yet on what basis the OP's kids are adjusting status.

 

[geegeemarie 0]

7 minutes ago, Chancy said:

 

Not if they applied based on VAWA.  I-944 is not required for AOS based on an approved I-360.  But it's not clear yet on what basis the OP's kids are adjusting status.

 

Hi, sorry if my post is confusing.. But these are the docs I submitted in my ROC packet.. I didn't fill up I-360..

[Boiler 45,558]

Fee waiver?

 

Still need answers to the questions raised.

[geegeemarie 0]

7 minutes ago, Boiler said:

Fee waiver?

 

Still need answers to the questions raised.

Hi.. yes.. I didn't pay for my ROC. I submitted a fee waiver because I was a DV victim.

ANd it was approved and I got my 10yr greencard 2 mos ago.

 

All of you might wondering why it took awhile for me to file my K2's AOS, it is because I was starting a new life and it was a struggle at first. And I have 2 K2, I paid $2600 for their AOS. But I am all ok now. I filed my kids AOS August of this year.

Edited November 24, 2020 by geegeemarie

[geegeemarie 0]

1 hour ago, Boiler said:

What is your status, your ex husband was and still is the petitioner.

If its my ex, there is no way for me to reach out to my ex. We never talked after the divorce.

[Chancy 6,241]

51 minutes ago, geegeemarie said:

But these are the docs I submitted in my ROC packet.. I didn't fill up I-360..

 

Not asking about your ROC documents.  On what basis are your kids adjusting status?  What is the petition that you listed on their I-485?  Did you file I-130 for them (i.e. you are their petitioner)?  If so, when did they arrive in the US on their K2 visas and what is the expiry date listed on their I-94?

 

Edited November 24, 2020 by Chancy
typo

[JonSeattle 202]

Seems to me that your kids are going to need the I-130. The forum "Effects of Major Family Changes on Immigration Benefits" may have more people following who know about this situation.

[Demise 1,290]

Okay so to get this straight, your ex did not sign an I-864 for your kids (or sign one covering you AND the kids)?

 

You what does the full RFE say. K-2 AOS applicants have to submit I-944, for the most part only a few groups like VAWA, T-visa, U-visa, and a few other groups of (mostly humanitarian) categories are exempt from needing to file I-944.

[Boiler 45,558]

Seems that the OP thinks she can takeover the sponsorship rile from her ex.

[geegeemarie 0]

3 hours ago, Demise said:

Okay so to get this straight, your ex did not sign an I-864 for your kids (or sign one covering you AND the kids)?

 

You what does the full RFE say. K-2 AOS applicants have to submit I-944, for the most part only a few groups like VAWA, T-visa, U-visa, and a few other groups of (mostly humanitarian) categories are exempt from needing to file I-944.

Hi, good morning!

 

My ex signed the I-864 for me when I filed my AOS back in 2016, when we were still together.

I just don't remember if the kids name were included on that form, because its been 4 yrs.

I assumed my kids were automatic included to that since we were petitioned all at the same time. And we were under same CASE#

But I will check my documents later to make sure.

I attached the fist page of the RFE letter. The second page is in my initial post. Thank you.

[Boiler 45,558]

They would not been included, one per person and they were not adjusting.