I may have a problem, about Ex-wife and 1-864 with current wife

[Jimmyzr1 36]

Hello, In 2011 I petitioned a Filipina on a fiance' visa, got married, did conditional GC, then 10-year GC but got divorced in 2015. She had been working most of the time since then but has had medical problems (had a brain tumor and 2 surgeries of stage 3 or 4 cancer) and has gotten on Medicare. She met another guy a few years ago and has been living with him since but now they're having problems. 

 

I recently contacted her, because I was checking her status because of my current I-130 with my new wife. I figured she was married and already had her citizenship but to my surprise she had not. She also informed me that she has been receiving $2-300 a month public assistance. 

 

Now I'm wondering how this can or will affect my filing of the NVC AOS paperwork going forward. 

I'm currently at the NVC stage with current wife filling out I-864. I have been unemployed since 2010 and on VA disability and ssdi. 

 

I'm wondering if my income of $25k ssdi (which is on my taxes) and $47k (which is not taxable) will work on my current wife's Visa?

I also have no Co-sponsor available to me, but have about $94k in different bank accounts.

 

Will I have any problems going forward? I don't think she had received too much in cash aid, but got Medicare and medical on 2 brain surgeries.

 

Any help with advice would be greatly appreciated.

Edited April 29, 2023 by Jimmyzr1

[Timona 4,208]

She should have 40 quarter hours of work by now. That ends your I-864 obligation 

[Jimmyzr1 36]

2 hours ago, Timona said:

She should have 40 quarter hours of work by now. That ends your I-864 obligation 

No, I don't think she does. She came on a fiancé' visa and couldn't work, I think for the 1st 8 months, if I remember correctly. She worked after that mostly being taxed, but some under the table I think. Also, she's had 2 brain surgeries, which has kept her out of work for I don't know how long. I haven't been in touch with her for years, until 2 or 3 days ago.

[Dashinka 24,663]

If she is not a citizen, or hasn’t accrued 40 quarters of work, you will need to count her against your household size on your new I864.  Plan on a joint sponsor.

 

Good Luck!

[Boiler 45,805]

Up to you to evidence that you no longer are responsible, such as a Death Certificate, copy of I 407 whatever.

[Jimmyzr1 36]

8 hours ago, Dashinka said:

If she is not a citizen, or hasn’t accrued 40 quarters of work, you will need to count her against your household size on your new I864.  Plan on a joint sponsor.

 

Good Luck!

Do you think I would need a joint-sponsor with $73k income, mostly VA permanent income and $94k in bank? I have no options for a joint-sponsor! It would be for CR1, CR2, myself and I guess ex-wife listed in worst-case scenario. Also, maybe repay government if she is considered public charge.

Edited April 29, 2023 by Jimmyzr1

[Lil bear 4,263]

https://www.uscis.gov/i-864p
 

The above link gives you information regarding minimum income for household size. Determine your household size using USCIS guidelines and find the minimum income needed 

[Jimmyzr1 36]

1 minute ago, Lil bear said:

https://www.uscis.gov/i-864p
 

The above link gives you information regarding minimum income for household size. Determine your household size using USCIS guidelines and find the minimum income needed 

Yes, I already have. It would be $37,500 at worst-case scenario if I have to include ex-wife. I've been hearing they are looking for double the minimum income in some cases though.

[Lil bear 4,263]

3 minutes ago, Jimmyzr1 said:

Yes, I already have. It would be $37,500 at worst-case scenario if I have to include ex-wife. I've been hearing they are looking for double the minimum income in some cases though.

The minimum is certainly only that .. the consular officer has the authority to make the final decision and its based on their assessment of the financials and the case as a whole. I would hope that your income will be seen as more than sufficient .. I would be surprised if it wasn't.. but no one can tell you with 100% certainty. It rests with the IO at the interview 

[Boiler 45,805]

1 hour ago, Jimmyzr1 said:

Yes, I already have. It would be $37,500 at worst-case scenario if I have to include ex-wife. I've been hearing they are looking for double the minimum income in some cases though.

News to me