steve15000

Hello Everyone,

I would appreciate your input. Here’s the dilemma I have:

I got my permanent, valid for 10 years GC through marriage with a USC. Couple months ago I divorced my wife. I recently moved out of our old place. I submitted the online AR11 form. I am puzzled whether I still need to ask my ex-wife to submit I-865 for me.

I will be sending N400 in three weeks. Do you think I should have my ex-wife send the I-865 or will AR11 be sufficient? On I-865 she is being referred to as “sponsor”. She is not sponsoring me anymore as I had the condition removed, we are divorced and I have a GC valid for 10 years.

I am aware of what’s on I-865:

• Becomes a U.S. citizen;
• Can be credited with 40 quarters of work;
• Departs the United States permanently and either formally abandons lawful permanent resident status (by filing Form I-407) or is formally held in a removal proceeding to have abandoned that status;
• In a removal proceeding, loses the lawful permanent resident status that the sponsored immigrant obtained based on your Form I-864; or
• Dies.

Thank you all for your valuable help,

Steve

Ray

I don't think divorce get her off the hook

Noorah101

She actually still is your sponsor and will continue to be your sponsor until you become a USC.

Yes, she should complete an I-865 if she changes her address.

Rene

meauxna

Your ex does not complete I-865 "for you". She signed an agreement saying that she would keep USCIS current with her address.

AR-11 does nothing for your wife. It is to record when *you* move. She has her own notice for change of address (I-865).

As noted, she IS still your sponsor until one of the conditions you quoted occurs.

Rete

Have you been a LPR for 5 years (less 90 days)? If not you are not eligible to naturalize.

As others have noted, your ex-wife is your financial sponsor until the above conditions are met or until she dies or you die and even if you are divorced and remarry.

steve15000

Thank you all for you fast responses.

Does this mean that if her address did not change and she stayed at our old place she does not need to notify USCIS?

If I understand this correctly I should be “keeping track” of my ex-wife until I become a USC and in case she changes her address I should remind her of the I-865 requirement. Otherwise she may be in violation of come CFR which may also have some negative impact on my N400. That is of course regardless of the fact that after the divorce people often go separate ways.

From your experience – if she moves and no I-865 is filled do you think it will come out during my N400 process?

This almost seems to me as if the government was assuming that the sponsor is always with the sponsored and therefore there should be no problem submitting both the AR11 and I-865.

Yes, I have been a LPR for 5 years (less 90 days).

Again thanks a lot for all your help,

Steve

Bluegrass Lass

Yep, she only files when she moves, that's it. Until you meet one of the criteria that you listed in your first post.

I doubt it will come out during the N-400. The onus is on her to fulfill her duties by notifying the US gov't if she moves. You can't force her to.

meauxna

Correct--if she doesn't move, she doesn't need to complete I-865.

Also, there's a flaw in your logic. You are presuming that USCIS knowing where SHE is has something to do with YOU. It does not.
She signed a contract with the gov't promising to repay certain types of benefits IF you received them. This is between her and them.

Once divorced, you don't have to keep track of your ex. If she violates her agreement, that is up to the offended party to deal with her, not you.

If she moves and does not file I-865, you won't be told about it, and it won't impact your N-400 case.

YOU need to stay responsible for yourself. The I-864 doesn't assume people will always stay together, it demands that a citizen signing it be responsible for that alien whether they stay married or not.

Folinskyinla

Hi:

The I-865 is HER problem, not yours. You are under no obligation whatsoever. IMHO, it should not adversely affect your N-400 in any way. [BTW, I am speaking only of the law -- there is no accounting for what DHS might do.]

steve15000

Its all clear now. Thank you for your help !!!

Steve