Seeking Advice- Divorcing a Green Card Holder

[Tornado 0]

Hello everyone. I am trying to educate myself here and am hoping some of you knowledgable people will be able to assist me. Right from the top I want to say thank you in advance for any help you can provide me.

I am a United States Citizen, born and raised here in Florida. I married a girl from London England 1 year and 8 months ago. We got an attorney, went through the whole process of making her a permenant resident, and never had any trouble. She has had her permenant residency card for many many months now (if not a year now), and also has her Social Security card and everything. Unforunantly, we are now going through a divorce. It is not a bitter or nasty divorce, we are both still very friendly, but the marriage simply didnt work out for reasons I wont bother to go into here. We were neither one abusive or anything like that. We neither one have any criminal history or backgrounds or anything. It will be a pretty clean divorce. This is my question though, and it is a big one: Is there anything I should be aware of, or be doing, in regards to USCIS or immigration, during this divorce? Right now, we are just going through the divorce as if we were two citizens. I dont know if there is anything else additional I should be doing since my wife is not a citizen. I dont want to have anything come up down the road with USCIS due to ignorance on my part.

Can this divorce affect me in anyway? I have seen alot of chatter about how divorce can affect the green card holder, but does it affect the Citizen in any way? I simply cant afford to go through attorneys right now for all this information. Im lucky that my mother has worked in the court system for years and she is guiding us through the divorce without an attorney, but she of course knows nothing about immigration. We Dont have children, dont have a house, dont have any really high dollar stuff to split, so the divorce itself is going to be an easy one. Any information anyone can give me would be greatly appreciated. I just want to make sure I do everything Right, so that I dont pay for something down the road that i didnt do. Thanks.

[payxibka 10,047]

Do you remember signing the I-864? Divorce does not end any responsibility under that affidavit...

I assume she only has her conditional green card... It will expire two years after its issuance... She will need to remove the conditions in order to remain.

[Tornado 0]

Do you remember signing the I-864? Divorce does not end any responsibility under that affidavit...

I assume she only has her conditional green card... It will expire two years after its issuance... She will need to remove the conditions in order to remain.

What do you mean by "Divorce does not end any responsibility under that affidavit" ? Responsibility for what?

Our lawyer handled all of our paper work. Id have to go do some digging in regards to this I-864. She came over here on a Tourist Visa, then just married me. We didnt go through a proper K-1 type visa or anything. She went straight from a basic tourist visa to filing for permenant residency.

Could you explain what you mean by this I-864?

EDIT: I looked up I-864, and yes I did sign this form. So that means that Even after we divorce and she goes her own way, i am still responsible for her? That does not sound good at all...

Edited July 12, 2008 by Tornado

[payxibka 10,047]

Do you remember signing the I-864? Divorce does not end any responsibility under that affidavit...

I assume she only has her conditional green card... It will expire two years after its issuance... She will need to remove the conditions in order to remain.

What do you mean by "Divorce does not end any responsibility under that affidavit" ? Responsibility for what?

Our lawyer handled all of our paper work. Id have to go do some digging in regards to this I-864. She came over here on a Tourist Visa, then just married me. We didnt go through a proper K-1 type visa or anything. She went straight from a basic tourist visa to filing for permenant residency.

Could you explain what you mean by this I-864?

Does not matter what route to green card you took. As a part of the AOS application you signed an I-864. This affidavit essentially means you have guaranteed (to the US government) that this intended immigrant will NOT become a public charge. This contract (if you will) stays in effect until the immigrant works 40 qualifying quarters, becomes a citizen, leaves the country, or you or her dies.

I do not want to scare you but you must understand what you signed some months ago.

Cheshire v Cheshire (Florida)

Stump v Stump (Indiana)

Edited July 12, 2008 by fwaguy

[Tornado 0]

Do you remember signing the I-864? Divorce does not end any responsibility under that affidavit...

I assume she only has her conditional green card... It will expire two years after its issuance... She will need to remove the conditions in order to remain.

What do you mean by "Divorce does not end any responsibility under that affidavit" ? Responsibility for what?

Our lawyer handled all of our paper work. Id have to go do some digging in regards to this I-864. She came over here on a Tourist Visa, then just married me. We didnt go through a proper K-1 type visa or anything. She went straight from a basic tourist visa to filing for permenant residency.

Could you explain what you mean by this I-864?

Does not matter what route to green card you took. As a part of the AOS application you signed an I-864. This affidavit essentially means you have guaranteed (to the US government) that this intended immigrant will NOT become a public charge. This contract (if you will) stays in effect until the immigrant works 40 qualifying quarters, becomes a citizen, leaves the country, or you or her dies.

I do not want to scare you but you must understand what you signed some months ago.

Cheshire v Cheshire (Florida)

Stump v Stump (Indiana)

I edited my post above after looking up I-864. I did indeed sign that form, and my Mother also Co-signed it as well, as the lawyer said it would help make the Application look "beefier" if both myself and my mother signed it. I remember this form now.

So does this now mean that I am forever responsible for her? She could likely end up moving to Pennsylvania where her Brother lives, and I am in florida. This means I will be responsible for no matter where she goes or what she does from now on? Or, atleast for the forseeable future. This might get stickier than I though then... I was hoping the divorce would cut all ties and we could both go our seperate ways.

Is this the only thing in regards to immigration that I need to be concerned with?

[payxibka 10,047]

Many people go through this process and the I-864 never plays..... I do not know how proactive the US government is on the enforcement side. In the two court cases, the immigrant introduced the I-864 into the divorce proceedings and the judge took it into consideration. From my standpoint ,I think the judge over reached in applying this, but nonetheless my opinion is meaningless.

[Tornado 0]

Many people go through this process and the I-864 never plays..... I do not know how proactive the US government is on the enforcement side. In the two court cases, the immigrant introduced the I-864 into the divorce proceedings and the judge took it into consideration. From my standpoint ,I think the judge over reached in applying this, but nonetheless my opinion is meaningless.

No your information is GREATLY appreciated right now.

Mine and her divorce is as I said very smooth. She is not seeking anything against me, nor am I seeking anything. We have already decided which belongings will go where amongst ourself. The place that we were living is a place that is owned by her Parents, who live in England still, so she has a place to live and stuff if she stays in the country (She has spoken of possibly just going back to england.) Either way, she is not trying to come after me. She has no interest in trying to come after me, she wants to stand on her own two feet and take responsibility for herself. Given Our divorce is fortunant to be this friendly, does that mean this I-864 will likely be a non-issue? I mean- She would have to try and come after me for this I-864 to affect me correct? Even if she fell on hard times, unless she tried to come after me legally through the means of this *contract* then It should be a non issue? Her Parents are fairly well off, and will likely be taking up any burdens she may have after we are split,and they simply arent aware of this I-864, and wouldnt seek for me to take care of their daughter anyway after this divorce. Im just wondering if it will only be an issue if it is pushed, or made one.

Also- Is there anything else I should know about? I plan to file the divorce First of next week, and I am already moving into a new place by myself now.

[payxibka 10,047]

Many people go through this process and the I-864 never plays..... I do not know how proactive the US government is on the enforcement side. In the two court cases, the immigrant introduced the I-864 into the divorce proceedings and the judge took it into consideration. From my standpoint ,I think the judge over reached in applying this, but nonetheless my opinion is meaningless.

No your information is GREATLY appreciated right now.

Mine and her divorce is as I said very smooth. She is not seeking anything against me, nor am I seeking anything. We have already decided which belongings will go where amongst ourself. The place that we were living is a place that is owned by her Parents, who live in England still, so she has a place to live and stuff if she stays in the country (She has spoken of possibly just going back to england.) Either way, she is not trying to come after me. She has no interest in trying to come after me, she wants to stand on her own two feet and take responsibility for herself. Given Our divorce is fortunant to be this friendly, does that mean this I-864 will likely be a non-issue? I mean- She would have to try and come after me for this I-864 to affect me correct? Even if she fell on hard times, unless she tried to come after me legally through the means of this *contract* then It should be a non issue? Her Parents are fairly well off, and will likely be taking up any burdens she may have after we are split,and they simply arent aware of this I-864, and wouldnt seek for me to take care of their daughter anyway after this divorce. Im just wondering if it will only be an issue if it is pushed, or made one.

Also- Is there anything else I should know about? I plan to file the divorce First of next week, and I am already moving into a new place by myself now.

My understanding is that this "contract" is between you and the US government... My understanding is that if the US government has to expend resources, provide benefits, etc.. to the immigrant that they have recourse to you for reimbursement. Again this is my understanding and is why I think the judge in the divorce proceedings erred. The judge was pre-emptive and required the USC to provide support before the immigrant even applied/received any resource or benefit. If the immigrant stands on there own feet then it should not play.... stranger things have happened and your eyes need be open.....

[Tornado 0]

Also- Is there any way to get out from under this I-864.

I can just see it now, long time down the road she gets in a bind, and decides to come after me with this legally binding contract, and blind sides me with it and I have no option but to answer it or fight it. Hard to believe that something like that could be legal, but I do understand. Sigh. What a mess.

[payxibka 10,047]

Also- Is there any way to get out from under this I-864.

I can just see it now, long time down the road she gets in a bind, and decides to come after me with this legally binding contract, and blind sides me with it and I have no option but to answer it or fight it. Hard to believe that something like that could be legal, but I do understand. Sigh. What a mess.

Like I said before... The I-864 "dies" under a very short list of circumstances.... which I mentioned before. Again, it is a contract between you and the US government so she shouldn't be able to come after you, only the US government, but you have precedence in a Florida court that might be problematic.

Edited July 12, 2008 by fwaguy

[Tornado 0]

Many people go through this process and the I-864 never plays..... I do not know how proactive the US government is on the enforcement side. In the two court cases, the immigrant introduced the I-864 into the divorce proceedings and the judge took it into consideration. From my standpoint ,I think the judge over reached in applying this, but nonetheless my opinion is meaningless.

No your information is GREATLY appreciated right now.

Mine and her divorce is as I said very smooth. She is not seeking anything against me, nor am I seeking anything. We have already decided which belongings will go where amongst ourself. The place that we were living is a place that is owned by her Parents, who live in England still, so she has a place to live and stuff if she stays in the country (She has spoken of possibly just going back to england.) Either way, she is not trying to come after me. She has no interest in trying to come after me, she wants to stand on her own two feet and take responsibility for herself. Given Our divorce is fortunant to be this friendly, does that mean this I-864 will likely be a non-issue? I mean- She would have to try and come after me for this I-864 to affect me correct? Even if she fell on hard times, unless she tried to come after me legally through the means of this *contract* then It should be a non issue? Her Parents are fairly well off, and will likely be taking up any burdens she may have after we are split,and they simply arent aware of this I-864, and wouldnt seek for me to take care of their daughter anyway after this divorce. Im just wondering if it will only be an issue if it is pushed, or made one.

Also- Is there anything else I should know about? I plan to file the divorce First of next week, and I am already moving into a new place by myself now.

My understanding is that this "contract" is between you and the US government... My understanding is that if the US government has to expend resources, provide benefits, etc.. to the immigrant that they have recourse to you for reimbursement. Again this is my understanding and is why I think the judge in the divorce proceedings erred. The judge was pre-emptive and required the USC to provide support before the immigrant even applied/received any resource or benefit. If the immigrant stands on there own feet then it should not play.... stranger things have happened and your eyes need be open.....

Well that is a little worrisom to say the least. Not sure what you mean by "stranger things have happend" but I guess that is just life heh. Whats worse is that my Mother also Co-signed the I-864 and supplied her income information and all as well. This could pull her into it as well Im sure. I guess I might as well buckle down and realize that Im not going to be able to simply shake this marriage off as swiftly as I had hoped. I could be dealing with it for sometime. My hope at this point I think is that she just goes back home. She is flying back home in 2 weeks from now for a 3 week visit, and there is a slight possibility that she will just stay there. I hope that is what happens, It would be easier for both of us that way I think.

[Tornado 0]

Another fast question: In regards to all the steps my wife will have to take to remain in the country (having the conditions removed, the good faith waiver etc.) All of that stuff that she will have to do will be entirely between herself and the USCIS correct? In other words, none of that will have anything to do with me will it? If you cant tell I just really am trying to get out of the marriage now, do it right, do it clean, wish her the best, then be Free of it. Im trying to make sure that I am not going to constantly have to deal with the USCIS due to anything she may or may not do from this point forward.

[payxibka 10,047]

Another fast question: In regards to all the steps my wife will have to take to remain in the country (having the conditions removed, the good faith waiver etc.) All of that stuff that she will have to do will be entirely between herself and the USCIS correct? In other words, none of that will have anything to do with me will it? If you cant tell I just really am trying to get out of the marriage now, do it right, do it clean, wish her the best, then be Free of it. Im trying to make sure that I am not going to constantly have to deal with the USCIS due to anything she may or may not do from this point forward.

Other than the hanging affidavit.... You are under no obligation to assist her any further.... Whatever participation you choose is exactly that... your choice.

[Tornado 0]

Another fast question: In regards to all the steps my wife will have to take to remain in the country (having the conditions removed, the good faith waiver etc.) All of that stuff that she will have to do will be entirely between herself and the USCIS correct? In other words, none of that will have anything to do with me will it? If you cant tell I just really am trying to get out of the marriage now, do it right, do it clean, wish her the best, then be Free of it. Im trying to make sure that I am not going to constantly have to deal with the USCIS due to anything she may or may not do from this point forward.

Other than the hanging affidavit.... You are under no obligation to assist her any further.... Whatever participation you choose is exactly that... your choice.

Well that is good to know. I really do wish her all the best, but I have to look out for myself now as well. Ive poured a ton of money and resources into making the marriage work and it is now failing, so I have a lot of rebuilding to do on my own now. I just didnt want immigration stuff hanging over my head for years to come. I Will keep a close eye on things regarding this affidavit, and Id like to thank you fwaguy for all of your information and time. I needed to be made aware of the information you have provided me, as I was clueless to this. I will contact my mother and let her know of all of this as well, since she also co-signed the document. She likely wont be happy, but atleast we will be aware of it. Thanks again.

If anyone else has any info or experiances with what im going through feel free to post it. I will continue checking this thread for additional information.

[Kathryn41 3,205]

I just wanted to reinforce the fact that the Affidavit of Support is between you and the Government - not between you and your wife/ex-wife. Basically, it states that if your wife or ex-wife - while the Affidavit is still in effect - applies to the Government for means-tested benefits and receives them, the Government has a right to require you to reimburse them for the cost. It doesn't mean that she has a right to come after you, necessarily, although there have been cases where during a messy divorce the foreign spouse has tried to get the Affidavit of Support used to give him/her a specific level of ongoing income. When you read over the Affidavit carefully, you will see that that is not its intent.

From the sounds of things I don't really think you have any real worries. The Affidavit of Support will remain in effect until one of the following happens: she earns 40 quarters of employment benefits (10 years of full time work), she becomes a US citizen (5 years as a green card holder when she is no longer married to you), you die, she dies, or she gives up her residency and leaves the US.

It sounds like both of you are sensible, adult individuals who have no animosity with each other and are not trying to 'make the other pay' for the failed marriage, rather are each just looking at going their own way as easily as possible. Your wife, if she decides to remain in the US, has the right to file her petition to remove the conditions on her marriage after the divorce is final by also requesting a waiver from the joint filing requirement. She doesn't need to wait for the 2nd anniversary of her green card. She will need to prove that she entered the marriage in good faith and it just didn't work out - nothing illegal, or vindictive, or acrimonious. I have seen a number of marriages that have dissolved amiably where neither party wishes the other trouble. You may want to assist your ex-wife when the time comes by ensuring she has access to any applicable documents that help to prove the legitimacy of your marriage. This is by no means a necessity - just the act of a friend who still wishes their former partner well.

Maintaining a positive or at least neutral relationship with your ex also means that she will be less likely to want to try and 'come after you' so there are additional benefits to maintaining good relations.

Good luck to the two of you. I am sorry it didn't work out and I admire you both for handling this break-up so responsibly and intelligently.

Edited July 12, 2008 by Kathryn41