Asked in Family Law and Immigration Law for California

Q: Question about I 864 affidavit of support

I have a quick question that I’m having trouble with. I petitioned for my husband and our I 130 got approved now I have to file an I 864 but my concern is that I was also previously married to my ex husband and petitioned for him back in 2015 and also filed an I 864 for him back then with a joint sponsor. He received permanent residency card but unfortunately we later got divorced. So my question is am I still obligated to include my ex husband as a household member on the new I 864 form ?

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1 Lawyer Answer
Ian M. Seruelo
Ian M. Seruelo
  • Immigration Law Lawyer
  • San Diego, CA
  • Licensed in California

A: If any of the following is true, then you do not need to include him:

If he...

a. Became a US citizen, or

b. Has worked, or can be credited with, 40 qualifying quarters of Social security earnings, or

c. No longer has lawful permanent resident status and has departed the U.S., or

d. Was placed in removal proceedings, but was granted cancellation of removal or a new adjustment of status, or

e. Dies

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