IR5 for mother - I am the petitioner and on divorce process, what filing status would be filed as AOS if not divorced yet this year.

[aaron2020 11,651]

13 minutes ago, Zen Zu said:

Thank you, i have a follow up question, completing the household size : I am still married but he is not living with us anymore and the divorce is on process, no final decree yet, do i have to enter " O" or 1 as if I am currently married.

You need to include him in your household count until the divorce is final.  

[Zen Zu 0]

2 hours ago, payxibka said:

Is he in your house?

No. But the question is If I am currently married to him.

[Zen Zu 0]

2 hours ago, aaron2020 said:

You need to include him in your household count until the divorce is final.  

good thing, I still have enough income even I add him (based from income requirement for Affidavit of support guideline) .

I filed Married filing separately because of the current situation.

I overlooked this one, I counted myself only , my 2 kids and my mom that i am bringing in here. I didnt know taht I will still count him. so i have a household size of 5. Thank you so much.

Sponsor's Household Size	100% of HHS Poverty Guidelines*	125% of HHS Poverty Guidelines*
2	$17,420	$21,775
3	$21,960	$27,450
4	$26,500	$33,125
5	$31,040	$38,800

 

[aaron2020 11,651]

Just now, Zen Zu said:

good thing, I still have enough income even I add him (based from income requirement for Affidavit of support guideline) .

I filed Married filing separately because of the current situation.

I overlooked this one, I counted myself only , my 2 kids and my mom that i am bringing in here. I didnt know taht I will still count him. so i have a household size of 5. Thank you so much.

Sponsor's Household Size	100% of HHS Poverty Guidelines*	125% of HHS Poverty Guidelines*
2	$17,420	$21,775
3	$21,960	$27,450
4	$26,500	$33,125
5	$31,040	$38,800

 

You might still have a problem.  The US Embassy/Consulate may want your spouse to file an I-864a.  

[Zen Zu 0]

4 minutes ago, aaron2020 said:

You might still have a problem.  The US Embassy/Consulate may want your spouse to file an I-864a.  

Why should they ask me if I have enough income.

[Chancy 6,243]

13 minutes ago, Zen Zu said:

the question is If I am currently married to him.

 

Until you get the final divorce decree, you are married, even if separated.

 

If your divorce is finalized before your mother's visa interview, send her an updated I-864 that does not include your ex-spouse in the household count.

 

[Zen Zu 0]

1 minute ago, Chancy said:

 

Until you get the final divorce decree, you are married, even if separated.

 

If your divorce is finalized before your mother's visa interview, send her an updated I-864 that does not include your ex-spouse in the household count.

 

Yes I am aware of this. That I will send her a updated one once I got my divorce decree if she is still not interviewed yet.

But the other thing above that confuses me is that why Consulate needs me to file I-864A? If my income enough to sponsor her .

[aaron2020 11,651]

3 minutes ago, Zen Zu said:

Why should they ask me if I have enough income.

Some US embassies/consulates requires the spouse to file an I-864a even when the petitioner's income alone meets the financial requirements.  That's just the way it is.  

[Zen Zu 0]

1 minute ago, aaron2020 said:

Some US embassies/consulates requires the spouse to file an I-864a even when the petitioner's income alone meets the financial requirements.  That's just the way it is.  

Maybe if the situation is not divorce or if they live together. 

If that case, why I include my ex to be husband if they ask to?

I dont think so. 

 

[Zen Zu 0]

5 minutes ago, aaron2020 said:

Some US embassies/consulates requires the spouse to file an I-864a even when the petitioner's income alone meets the financial requirements.  That's just the way it is.  

Now I am worried.

[Zen Zu 0]

9 minutes ago, aaron2020 said:

Some US embassies/consulates requires the spouse to file an I-864a even when the petitioner's income alone meets the financial requirements.  That's just the way it is.  

I found the answer to this , if I filed my tax married jointly, which I am qualified as well but because I can also file married separately, his income or that i-864a would not be asked because i filed separately. 

I would need just in case an I - 864EZ if my income is not enough.

[Chancy 6,243]

8 minutes ago, Zen Zu said:

why Consulate needs me to file I-864A? If my income enough to sponsor her .

 

Generally, it is not required.  It was just mentioned as a possibility that you may want to prepare for.  But given the backlog of IR5 cases, there's a good chance that you will be single again before your mother's interview.  In that case, with an updated I-864 to be presented at the interview, the I-864A will be irrelevant.

 

[Zen Zu 0]

Just now, Chancy said:

 

Generally, it is not required.  It was just mentioned as a possibility that you may want to prepare for.  But given the backlog of IR5 cases, there's a good chance that you will be single again before your mother's interview.  In that case, with an updated I-864 to be presented at the interview, the I-864A will be irrelevant.

 

Thank you! you made my day! 

Based from my timeline when I started this, it seems to quick. I hope this wont be long.

 

I am single by that time, I will provide also a divorce decree ( civil docs on my side)  right?

[Chancy 6,243]

1 hour ago, Zen Zu said:

I am single by that time, I will provide also a divorce decree ( civil docs on my side)  right?

 

It's probably not needed for an IR5 case, but you should refer to the consulate's interview checklist regarding any applicable requirement for the petitioner's divorce decree.