Seeking Advice- Divorcing a Green Card Holder

[Tornado 0]

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.

Thank you Kathryn for that wonderfully detailed reply. Ive been digging a lot today in regards to these issues and from what ive read online it seems that the government hardly never even persues this I-486 stuff, even if they "could" do so. That is just from what ive been able to read, so perhaps its all just a legality, I dont know. Either way this has helped to ease my mind. Thank you as well for the words of encouragement during this hard time im facing. This is a great community here at visajourney.com....I posted here for advice when we got married as well (what a coincidence eh? ) and have always gotten solid accurate advice here. You guys are all great, and thanks again.

[diadromous mermaid 36]

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.

Nicely and concisely put, Kathryn with one small addition, Tornado has the obligation of filing an I-865 if he moves and within 30 days of that move. Likewise his spouse should file an AR-11 within 10 days of any move, until the terms of the Affidavit of Support are satisfied.

[diadromous mermaid 36]

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.

Thank you Kathryn for that wonderfully detailed reply. Ive been digging a lot today in regards to these issues and from what ive read online it seems that the government hardly never even persues this I-486 stuff, even if they "could" do so. That is just from what ive been able to read, so perhaps its all just a legality, I dont know. Either way this has helped to ease my mind. Thank you as well for the words of encouragement during this hard time im facing. This is a great community here at visajourney.com....I posted here for advice when we got married as well (what a coincidence eh? ) and have always gotten solid accurate advice here. You guys are all great, and thanks again.

Your mother stnds pretty clear of any liability, especially since she is a joint sponsor, and in the event that your alien wife were to try to apply the Affidavit of Support to any legal proceeding within the context of the divorce, chances are the MIL would not be implicated. As it lies, currently, the first obligor (should the unlikely event of any enforcement occur) would be you, and you wouldn't side-step that obligation and leave Mum in the firing line would you?

[Kathryn41 3,205]

Nicely and concisely put, Kathryn with one small addition, Tornado has the obligation of filing an I-865 if he moves and within 30 days of that move. Likewise his spouse should file an AR-11 within 10 days of any move, until the terms of the Affidavit of Support are satisfied.

You are absolutely right - and I did overlook that. Thanks.

[NickD 203]

Nicely and concisely put, Kathryn with one small addition, Tornado has the obligation of filing an I-865 if he moves and within 30 days of that move. Likewise his spouse should file an AR-11 within 10 days of any move, until the terms of the Affidavit of Support are satisfied.

You are absolutely right - and I did overlook that. Thanks.

Not exactly how sure to explain this, has been awhile since I signed the I-864 but was aware of the implications of that contract, and marriage is yet another contract between two parties, the I-864 puts an unbalance to that contract and any contract should be entered into freely and equally. Plus I had a step child involved as well. At the advice of my immigration attorney, he had my wife sign and file the I-864a that gives her equal responsibility that she signed after reading and understanding it very carefully and without reservation. As much as I love my wife and still do, it was great that she was willing to make the same contract with the government that I had to, hers was on a volunteer type basis, she didn't have to sign it.

Not aware of any time limits on the I-864A, that would have to be checked, but may also be a good part of the divorce, if she hangs you, would also hang herself kind of thing.

Feel more couples should be aware of the I-864A, now shoot me down if I am incorrect on this.

[Dakine 26]

As soon the divorce is final she can apply to remove conditions. If she fails in removing conditions she will be deported and the I-864 will no longer be in play.

[diadromous mermaid 36]

Nicely and concisely put, Kathryn with one small addition, Tornado has the obligation of filing an I-865 if he moves and within 30 days of that move. Likewise his spouse should file an AR-11 within 10 days of any move, until the terms of the Affidavit of Support are satisfied.

You are absolutely right - and I did overlook that. Thanks.

Not exactly how sure to explain this, has been awhile since I signed the I-864 but was aware of the implications of that contract, and marriage is yet another contract between two parties, the I-864 puts an unbalance to that contract and any contract should be entered into freely and equally. Plus I had a step child involved as well. At the advice of my immigration attorney, he had my wife sign and file the I-864a that gives her equal responsibility that she signed after reading and understanding it very carefully and without reservation. As much as I love my wife and still do, it was great that she was willing to make the same contract with the government that I had to, hers was on a volunteer type basis, she didn't have to sign it.

Not aware of any time limits on the I-864A, that would have to be checked, but may also be a good part of the divorce, if she hangs you, would also hang herself kind of thing.

Feel more couples should be aware of the I-864A, now shoot me down if I am incorrect on this.

Nick D,

This would only apply in specific cases. The I-864A is a Contract between Household Members, and it only contributes their income to the sponsor's in order to qualify. There are limitations as to what alien can execute an I-864a. If the alien has no income, or is not a current household member, he or she would not be eligible.

How Can the Intending Immigrant

Be Considered a Household Member?

• The intending immigrant has the same principal residence

  as the sponsor and the intending immigrant can establish

  that his or her income will continue from the same source,

  even after acquisition of permanent residence.

• The intending immigrant is the sponsor's spouse and the

  intending immigrant can show that his or her income will

  continue from the same source after acquisition of

  permanent residence.

[Tornado 0]

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.

Nicely and concisely put, Kathryn with one small addition, Tornado has the obligation of filing an I-865 if he moves and within 30 days of that move. Likewise his spouse should file an AR-11 within 10 days of any move, until the terms of the Affidavit of Support are satisfied.

Regarding the filing of the I-865. I looked it up and it looks like a simple straight forward form just to supply immigration with my new address. Im thinking I might can ignore this though. I am Indeed moving out of the place we were living in together, and she is staying in that place. The place I am moving to is just another condo right down the street. The difference in address is 2 digits on the house number. Couldnt I just leave things like they are? We will essentially be living a stones throw from one another.

Now that im thinking about it, we may have actually filed all our papers under the address I will be moving into, because we actually stayed in this other condo for a short time when we first met, before moving into a different one. I will have to dig up our papers and see the address we listed. If It is the address that I will be moving back into now, Im assuming im good to go.

My wife/ex wife has also told me that she plans to contact immigration and let them know what has happend. I guess thats fine if she wants to do that but is that advised? I had someone else here in my area tell me they knew of someone in my situation and that he simply called immigration and explained it all to them and that he never had any problems or heard from it again. I dunno, you hear all kinds of things. I dont see personally where I should have any more dealings with immigration aside from the affidavit of course.

[Caladan 19]

You still need to file the change of form.

[Tornado 0]

You still need to file the change of form.

I guess I will if we didnt file for the AOS under the address im moving to. If we filed everything under that address, then ill leave it alone.

[Austin_Volgograd 0]

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.

Not entirely true. See below.

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.

That may not be the original intent, but the "letter of the law" says she does have the right to "come after you."

Copied directly from the I-864 contract:

Page 3

Divorce does not end the sponsorship obligation.

Page 17

If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed,

then, until your obligations under the Form I-864 terminate, you must:

* Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent

of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are

on active duty in the U.S. Armed Forces and the person is your husband, wife, unmarried child under 21 years old.)

Page 18

What If I Do Not Fulfill My Obligations?

If you do not provide sufficient support to the person who becomes a permanent resident based on the Form I-864 that you

signed, that person may sue you for this support.

Now, I read somewhere that the divorce Final Decree can make this difficult, nigh impossible, for the spouse to collect on, IF and ONLY IF it's written correctly into the decree. I don't have the verbage for this and am searching for it myself. I have a very vindictive woman who doesn't care how much I help her - she still wants to come after me to ruin my life more (already bankrupt, nearly lost my job, can't apply for new job that I wanted, losing ALL community property in divorce settlement because judges favor the "poor defenseless little woman" brought to the strange country of America - where she's already got a new boyfriend/victim.

If anyone has info or a link about the final decree verbage that helps release the affidavit of support, I'm interested. I'm nearing total financial failure because of my wife and need all the help I can get. I'm about to consider moving outside of the USA just to relieve myself!

Austin_Volgograd

[Wantedtobelieve 4]

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.

Along this same line, hubby has informed me that I have to take care of him when we split up. He just quit his second job. If he is able to work, is he able to try to get me to support him when he is able-bodied? He is waiting for his green card and I have no intention of trying to stop that (yeah I'm an idiot). He could apply for citizenship in Oct. if we wait to divorce til then. Then he would be responsible for himself? Can he just go and try to get food stamps, etc., because he is too lazy to work? Thanks for any help.

[Wantedtobelieve 4]

<!--quoteo(post=2010100:date=Jul 12 2008, 06:12 PM:name=Kathryn41)--><div class='quotetop'>QUOTE (Kathryn41 @ Jul 12 2008, 06:12 PM) <a href="index.php?act=findpost&pid=2010100"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->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.<!--QuoteEnd--></div><!--QuoteEEnd-->

Along this same line, hubby has informed me that I have to take care of him when we split up. He just quit his second job. If he is able to work, is he able to try to get me to support him when he is able-bodied? He is waiting for his green card and I have no intention of trying to stop that (yeah I'm an idiot). He could apply for citizenship in Oct. if we wait to divorce til then. Then he would be responsible for himself? Can he just go and try to get food stamps, etc., because he is too lazy to work? Thanks for any help.

Following this up, hubby received letter today saying he will get green card within 60 days. He won't move out of the house as he has nowhere to go. However, I want to file for divorce. What if he won't sign? What if he ups and leaves for his home country to "visit"? Can I file for divorce while he is gone without his signing? He doesn't even like me any more and I feel the same way. I feel like I am being held hostage. We cosigned a car note for him. I know he would have to sign off on it for me to sell it (at a loss of course). Please advise if you can. Thanks in advance.

Edited March 15, 2010 by Wantedtobelieve