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Wantedtobelieve

If my husband and I divorce after permanent green card...

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Filed: Timeline

I think I understand that he would have to wait 5 years to apply for citizenship. And I also know I would be responsible for him for 8 years. What if he refuses to work? What if he takes a cash job and still collects unemployment and/or food stamps? If he refuses to get health insurance at his job and had an accident, do I have to pay for all his health care? It seems responsibility is all on the citizen and none on the immigrant....Just wondering what cases you have heard of????

Wanttobelieve

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

You should look the rules up :)!

1. He can collect unemployment, that's no skin off your nose. Unemployment is not a means tested benefit. He has to be laid off to qualify. Can't just quit or be fired.

2. He is not eligible for food stamps and other means tested benefits until he is LPR for 5 years. If he refuses to work, he may end up in a homeless shelter. Not your problem.

4. Your responsibilities for his means tested benefits will end after he becomes a citizen, dies, leaves the US for good or works 40 quarters.

5. If he wrecks up a bill (medical or whatever) after divorce, that's not your problem either.

Good luck!

I think I understand that he would have to wait 5 years to apply for citizenship. And I also know I would be responsible for him for 8 years. What if he refuses to work? What if he takes a cash job and still collects unemployment and/or food stamps? If he refuses to get health insurance at his job and had an accident, do I have to pay for all his health care? It seems responsibility is all on the citizen and none on the immigrant....Just wondering what cases you have heard of????

CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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Filed: Timeline
You should look the rules up :)!

1. He can collect unemployment, that's no skin off your nose. Unemployment is not a means tested benefit. He has to be laid off to qualify. Can't just quit or be fired.

2. He is not eligible for food stamps and other means tested benefits until he is LPR for 5 years. If he refuses to work, he may end up in a homeless shelter. Not your problem.

4. Your responsibilities for his means tested benefits will end after he becomes a citizen, dies, leaves the US for good or works 40 quarters.

5. If he wrecks up a bill (medical or whatever) after divorce, that's not your problem either.

Good luck!

Thanks for the answers!! Where do I look it up? He has only worked for 2 years, so that would make me responsible if he got hurt and had no health insurance, right? So he would have to basically work 4 years straight and he would be on his own? I thought I would have to pay for any of his ####### for 8 more years or 10 in all after he got here? What is LPR? Thanks again...

Edited by Wantedtobelieve

Wanttobelieve

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Filed: K-1 Visa Country: Vietnam
Timeline
Thanks for the answers!! Where do I look it up? He has only worked for 2 years, so that would make me responsible if he got hurt and had no health insurance, right? So he would have to basically work 4 years straight and he would be on his own? I thought I would have to pay for any of his ####### for 8 more years or 10 in all after he got here? What is LPR? Thanks again...

The "rules" are summarized in the instructions for the I-864, which you signed.

http://www.uscis.gov/files/form/i-864.pdf

You aren't responsible for paying his bills, even if he has a health problem and doesn't have health insurance. By this, I mean that the hospital cannot come after you with collection agents. However, when you signed the affidavit of support you agreed to provide support for him, if necessary, as long as the affidavit remains in effect. This means he CAN sue you to provide that support. If he wins the lawsuit, then a court order will be issued and you will have to pay him. If he collects any means tested benefits, then the agency he collects from can come after you for repayment. If you don't pay, they can also sue you.

40 quarters is 10 years of continuous employment - not 4 years.

LPR is "Legal Permanent Resident"; i.e., a green card holder.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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