Expiration of Affidavit of Support after divorce

[JenP3508 0]

I am reaching out in hopes that someone has experienced a similar situation as I am not sure how to proceed. I have filed an affidavit of support in the past for a previous spouse whose green card was sent in March of 2013. We divorced before the 2 year conditional green card status was removed and I have no idea if he is still here or working or what. I have since remarried and am about to file the same form for my current spouse. I know that you must include past marriages under the affidavit of support  in your household size if the 10 year mark had not expired, but since I am unaware of his location and work status, should I include the previous spouse in the new affidavit of support since the 10 year mark has expired? 

[Boiler 45,451]

There is no 10 year mark, and yes you need to include.

[Allaboutwaiting 2,503]

The main issue is that, as you said, you don't know if he has been working - the law does not refer to 10 years but 40 qualifying quarters of work-.

 

The "easiest" way would be finding out if he is already a citizen. Do you have a way to do so? 

[JenP3508 0]

I do not unfortunately. We are not in contact and  the USCIS will not disclose any info as is we are no longer married.

[Mike E 11,739]

3 hours ago, JenP3508 said:

I do not unfortunately. We are not in contact and  the USCIS will not disclose any info as is we are no longer married.

Do you know his SSN?

[Lemonslice 4,831]

4 hours ago, Mike E said:

Do you know his SSN?

How could she legally use it though?

[SteveInBostonI130 3,432]

PI

[Boiler 45,451]

1 minute ago, SteveInBostonI130 said:

PI

π?

[SteveInBostonI130 3,432]

Just now, Boiler said:

π?

Sam Spade or Magnum

[Boiler 45,451]

2 minutes ago, SteveInBostonI130 said:

Sam Spade or Magnum

 

[pushbrk 12,870]

The question on the form refers to "who are permanent residents...."  Since she does not know he is NOT, she enters a "1" and gets on with life.  It's really pretty simple.  Whether he has 40 quarters or not is significant in a way, but no applicable to the actual question on the form.

[Mike E 11,739]

13 hours ago, Lemonslice said:

How could she legally use it though?

 

9 hours ago, SteveInBostonI130 said:

PI

Yes.

[Mike E 11,739]

6 hours ago, pushbrk said:

The question on the form refers to "who are permanent residents...."  Since she does not know he is NOT, she enters a "1" and gets on with life.  It's really pretty simple.  Whether he has 40 quarters or not is significant in a way, but no applicable to the actual question on the form.

From I-864 instructions
 

 

Item Number 6. Type or print the number of lawful permanent residents whom you are currently obligated to support based on your previous submission of Form I-864 as a petitioning, substitute, or joint sponsor, or Form I-864EZ, Affidavit of Support Under Section 213A of the INA, as a petitioning sponsor. Include only those persons who have already immigrated to the United States. Do not include anyone for whom your obligation to support has ended through the sponsored immigrant’s acquisition of U.S. citizenship, death, abandonment of lawful permanent residence in the United States, acquisition of 40 quarters of earned or credited work in the United States, or obtaining a new grant of adjustment of status while in removal proceedings based on a new affidavit of support, if one is required.
 

Edited April 9, 2023 by Mike E

[TBoneTX 45,260]

On 4/7/2023 at 11:43 PM, JenP3508 said:

I have no idea if he is still here or working

The OP already said this. ^^

[pushbrk 12,870]

16 hours ago, Mike E said:

From I-864 instructions
 

 

Item Number 6. Type or print the number of lawful permanent residents whom you are currently obligated to support based on your previous submission of Form I-864 as a petitioning, substitute, or joint sponsor, or Form I-864EZ, Affidavit of Support Under Section 213A of the INA, as a petitioning sponsor. Include only those persons who have already immigrated to the United States. Do not include anyone for whom your obligation to support has ended through the sponsored immigrant’s acquisition of U.S. citizenship, death, abandonment of lawful permanent residence in the United States, acquisition of 40 quarters of earned or credited work in the United States, or obtaining a new grant of adjustment of status while in removal proceedings based on a new affidavit of support, if one is required.
 

Correct.  My answer is in the context of the OP's circumstances.  The OP "doesn't know....".