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 ?

Related Topics:
1 Lawyer Answer
Ian M. Seruelo
Ian M. Seruelo
Answered
  • 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.