We split, and he went back

[another108 0]

Hello, Visa Journey Members.

I'm in a pickle, and I thought you might have some advice. In March 2006 I married a Scottish penpal I'd had for over 9 years. We'd visited back and forth a lot and had shared so much about our dreams, values, and daily lives that we thought we were perfect for each other. He was granted a CR-1, immigrated, and moved into my home here in Greenville, SC in May 2007. In August, after only three months in the US, he returned to Scotland. Things just didn't work out once we actually lived together, though we have remained good friends and in close contact since he left.

Here in South Carolina legal separations are not required or even customary before divorce unless there are major issues to work out, so since things were so amicable between us and we had no kids, no house, no joint assets to speak of, I wasn't concerned. I paid for his return ticket to the UK so I have a copy of his reservation, and the plan was to use that as evidence of our physical separation date, then file for divorce after a mandatory one year wait.

Two days ago he informed me that he wants to come back to the US on his own. He doesn't want to live with me, but wants to come here and use up the rest of his two year conditional visa and try to find another way to stay here long-term in the meantime. I think this is a bad idea for several reasons, and don't wish to be involved in any part of this plan.

If I inform USCIS that we have separated and he has returned to the UK, and that I plan to divorce him as soon as I am eligible, what will happen? What are my responsibilities toward him if he were to come back to the US on his own right now?

Thanks for your advice, and I hope you all have a Happy Thanksgiving!

Edited November 20, 2007 by another108

[Otto 83]

It's his GC and his prerogative to live his life as he sees fit (here or elsewhere).

[Kez/JWolf 6]

There is nothing to stop him from coming back to the US and remaining here until its time to remove his conditions... you are still of couse his sponsor even after you divorce... so you could be asked to repay any federal funds that he could claim...

Sorry to hear things did not work out for you both...

Kez

[MargotDarko 0]

He can use the green card and you're still bound by the I-864 - so if he claimed needs-based assistance, the gov't could claim it from you. If you divorce before he needs to file for removal of conditions (which is done in the 90 day window before his greencard expires, so sometime in Feb to May 2009), then he can file for removal of conditions on his own and would probably be able to prove that the relationship was entered into in good faith and therefore get his 10 year green card and three years after that be eligilble for citizenship. I am not sure what your obligations would be then, but I think you would continue to still be bound by I-1864 until he met one of a list of conditions, such as becoming a citizen or working 40 quarters(someone please correct me if that's wrong).

If you remain separated but not divorced, he would need your involvement to remove conditions on his current green card.

[Kez/JWolf 6]

The sponsor is bound by the I-864 until one of the following applies:-

1. He acquires 40 quarters of work credits with the SSA

2. He becomes a US Citizen

3. He leaves the USA permanently

4. He dies

5. You die.

Kez

[pushbrk 12,569]

He can use the green card and you're still bound by the I-864 - so if he claimed needs-based assistance, the gov't could claim it from you. If you divorce before he needs to file for removal of conditions (which is done in the 90 day window before his greencard expires, so sometime in Feb to May 2009), then he can file for removal of conditions on his own and would probably be able to prove that the relationship was entered into in good faith and therefore get his 10 year green card and three years after that be eligilble for citizenship. I am not sure what your obligations would be then, but I think you would continue to still be bound by I-1864 until he met one of a list of conditions, such as becoming a citizen or working 40 quarters(someone please correct me if that's wrong).

If you remain separated but not divorced, he would need your involvement to remove conditions on his current green card.

The above lays is out as well as is possible, I think. You don't have to pay his airfare to return but otherwise this is right on the money.

[Jigi 0]

Hi ,

he has got the green card... its his perogative what to do,..... One thing no one said .. But i want to tell you .... yours was a 9 years relationshipp.. just talk it out with him.. leave the egos on the side and live for the dreams of which you both dreamt together..... It will work I am sure if you both have love each other from heart.

Jigi