How to get out of affidivet of support

[moon68 2]

Have a friend that is in a real mess.....Her husband got his ten year green card now wants a divorce......Can she get out of the affadavit of support? He is working 2 jobs.....dont know how much time he has in......He seems to have been a scammer and is getting help from someone.....Any advice??

[moon68 2]

Ok.....I have a friend that is going through a divorce......Her Husband got is 10 year green card and now wants out......Is there anything she can do?? Can she get out of the affidivet of support?? He is working and has 2 jobs making more money then her??? What about him remarrying and bringing a new wife here?? Can she report him for marraige fraud??? How can I help her???? Help please.....

[Wyld Blu 35]

The affidavit of support is a contract your friend signed with the government to finacially support her husband for 40 quarters, about 10 years. If he has his 10 yr green card, this time may be up already.

The only way to "get out" of it is if the beneficiary (her husband) were to die or return to his country. Otherwise, she is on the hook for the amount of time she agreed to.

-Blu-

[milimelo 4,481]

The affidavit of support is a contract your friend signed with the government to finacially support her husband for 40 quarters, about 10 years. If he has his 10 yr green card, this time may be up already.

The only way to "get out" of it is if the beneficiary (her husband) were to die or return to his country. Otherwise, she is on the hook for the amount of time she agreed to.

-Blu-

You forgot the option when the beneficiary naturalizes - this also "gets out" of the I-864. S

OPs friend can give him the divorce and pray he applies for naturalization as soon as he qualifies - it's 5 years when one is divorced.

[coraliesolms 47]

If he got a 10 year green card there are no "conditions" on his visa. He is free to leave her and stay in the US legally. Unfortunately she is obligated to follow out the affidavit as well, until he works 40 quarters of work (usually 10 years). Im sorry, I know this isnt the news you guys want. He is also an LPR, this makes him eligible to apply for a wife to come over to the states as well (although seeing that that is how he got here, there might be some extra scrutiny to his case).

Sorry for the bad news, if anyone else has anything to add to that, or if Im wrong Im sure they will post here shortly.

[DanielParul 50]

I agree with the above post.

Edited April 5, 2010 by DanielParul

[VanessaTony 3,567]

As mentioned, now that he is here and has his 10 year card, there's really nothing that she can do.

Unless she has proof of the "plan" to defraud her to get the greencard (and that she wasn't involved) then they won't even listen if she calls because they'll just think she's a spiteful ex-wife.

There are only a few reasons that cause the Affidavit to be "cancelled" or withdrawn here: http://www.visajourney.com/forums/index.php?app=core&module=attach&section=attach&attach_rel_module=post&attach_id=12567

On the plus side, working 2 jobs in THEORY could help him with the 40 quarters of work. It also means that he won't need to access government funds (which is when the affidavit is mostly used) and if he goes to court, he would only be "paid" the money up to 125% of the poverty line excluding anything he works... so as he earns more it doesn't sound like there's any point in him trying to claim money from her.

Good luck to her. Sorry this is happening, it always sucks.

[milimelo 4,481]

Ok.....I have a friend that is going through a divorce......Her Husband got is 10 year green card and now wants out......Is there anything she can do?? Can she get out of the affidivet of support?? He is working and has 2 jobs making more money then her??? What about him remarrying and bringing a new wife here?? Can she report him for marraige fraud??? How can I help her???? Help please.....

Is this the same friend from the topic above?

Whoever files for divorce - the other party can ask from the spouse making more money to provide alimony support.

If she has tangible proof that he married her for green card only, contact ICE.

[illnevergetthis 5]

If he got a 10 year green card there are no "conditions" on his visa. He is free to leave her and stay in the US legally. Unfortunately she is obligated to follow out the affidavit as well, until he works 40 quarters of work (usually 10 years). Im sorry, I know this isnt the news you guys want. He is also an LPR, this makes him eligible to apply for a wife to come over to the states as well (although seeing that that is how he got here, there might be some extra scrutiny to his case).

Sorry for the bad news, if anyone else has anything to add to that, or if Im wrong Im sure they will post here shortly.

[payxibka 10,045]

On the plus side, working 2 jobs in THEORY could help him with the 40 quarters of work. It also means that he won't need to access government funds (which is when the affidavit is mostly used) and if he goes to court, he would only be "paid" the money up to 125% of the poverty line excluding anything he works... so as he earns more it doesn't sound like there's any point in him trying to claim money from her.

The annual threshold for accumulating 4 quarters of work is failry low... it is about $4500 earned at any point in the year....

[moon68 2]

The one thing she has is an email from him to another woman that he only married her for fina.gain.....He did not love her...

[moon68 2]

sorry was writing to fast.....She has an email that he wrote to another woman telling her that he loved her and that he only married my friend for a fina.gain. That he was not in love with her......this was shortly after he got here.....

[Otto 83]

It's his PR/Green Card - nothing she can do about it, nor should she be able to (IMO).

Whats done is done, end the marriage and move on is my advice. Thats what she would (I assume) do if he weren't a PR/Green Card holder (just Joe America from next door) - to assume he's going to now quite his jobs and go on welfare just to 'show her' are pretty ridiculous (again, IMO).

[VanessaTony 3,567]

sorry was writing to fast.....She has an email that he wrote to another woman telling her that he loved her and that he only married my friend for a fina.gain. That he was not in love with her......this was shortly after he got here.....

If he only had the 2 year card then this would matter and he'd need to show the marriage was entered into in good faith if he was filing for ROC after divorce BUT as he has already done ROC there's nothing she can do. It's likely that he wrote that to someone else to make the someone else feel better. It's pretty hard to "fake" love for so long.. possible but hard.

[VanessaTony 3,567]

This topic is also here, http://www.visajourney.com/forums/topic/250365-help-from-any-old-timers/ and gives more detail in that thread.

As I stated there, there is nothing she can do until he fulfils any of the things that I posted in the topic linked above.