Dalton, GA asked in Immigration Law for Georgia

Q: I am currently sponsoring my wife from the Philippines on a k1 visa. We are stuck on one question on I-864. Our issue i

I am currently sponsoring my wife from the Philippines on a k1 visa. We are stuck on one question on I-864. Our issue is the question that says if you have sponsored someone in the past (who was my wife) who is now a permanent residence that i should add them to my household number dependents, but my ex wife is long gone and hasn't been filed on my taxes in many years and I'm not paying any alimony or any other benifits. Should I add them to my household dependents? I divorced my ex in 2016 and i did sponsor her with a k1 visa in approximately 2008 and she was a green card holder when we parted ways about 4 years ago, but i haven't had any contact with her in about 4 years and she hasn't been claimed on my taxes in about 4 years and of course hasn't lived in my house since 2015. It says on the form if you have sponsored an immigrant in the past who is now a permanent resident then add them to your household dependents. Please give us some advice help with this if you can. It seems odd

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2 Lawyer Answers
Kyndra Mulder
Kyndra Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: The I-864 explaines your obligation as a sponsor. This applies to your previous wife and the current. Even though you are no longer married you may still be responsible for her pursuant to the I-864 you signed when you sponsored her to get her green card.

Stephen Arnold Black agrees with this answer

Mario Musil
Mario Musil
PREMIUM
Answered
  • Immigration Law Lawyer
  • Portland, OR

A: It sounds like you should have an attorney review your entire situation. The K-1 visa is not used for spouses, but fiances and generally the I 864 is not used for a K-1. If you filed the I 130 for your current spouse then the I 864 would apply. As far as showing your prior ex wife who is a green card holder as your household member- you are are technically her sponsor until she either becomes a US citizen, leaves the US, is deported or passes away, - so anytime you sponsors someone that obtains a green card - you would list them on that form.

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