how can i cancel the affidavit of financial support

[taoufija1 0]

hello,i live in virginia and to cut my story short ,i married my wife 6 months ago (cr1) she came here and got her 2 years conditional visa.now she changed completly.she even call the police on me and accuse me for family assault what resulted in me going to court and all kind of problems in addition to taking anger management classes.any ways she still trying to get me in trouble for some reason that still i dont know.i got a 2 years probation too.now i am just trying to leave her.i have a nice carreer and dont want her to rui it after all this years working hard for it.

unfortunately i know that i signed that affidavid of support (i 864).now the question is : how can i leave her (divorce) without her taking advantage of me? she doesnt want to work and i am paying for her ESL classes too.

any one can help...please..please and million of thanks

[LIFE'SJOURNEY 970]

File for a divorce, she will have to ROC on her own. The affidivant of support can not be broken it is between you and the US govt. Re-read the I-864 form again and there are many discussions on VJ regarding that.

[payxibka 10,047]

hello,i live in virginia and to cut my story short ,i married my wife 6 months ago (cr1) she came here and got her 2 years conditional visa.now she changed completly.she even call the police on me and accuse me for family assault what resulted in me going to court and all kind of problems in addition to taking anger management classes.any ways she still trying to get me in trouble for some reason that still i dont know.i got a 2 years probation too.now i am just trying to leave her.i have a nice carreer and dont want her to rui it after all this years working hard for it.

unfortunately i know that i signed that affidavid of support (i 864).now the question is : how can i leave her (divorce) without her taking advantage of me? she doesnt want to work and i am paying for her ESL classes too.

any one can help...please..please and million of thanks

The I-864 is not a contract that can simply be canceled....

[LIFE'SJOURNEY 970]

Start reading here http://www.visajourney.com/forums/forum/86-removing-conditions-on-residency-general-discussion/page__prune_day__100__sort_by__Z-A__sort_key__last_post__topicfilter__all alot of your questions and concerns will be here from posts here.

[JimVaPhuong 4,863]

hello,i live in virginia and to cut my story short ,i married my wife 6 months ago (cr1) she came here and got her 2 years conditional visa.now she changed completly.she even call the police on me and accuse me for family assault what resulted in me going to court and all kind of problems in addition to taking anger management classes.any ways she still trying to get me in trouble for some reason that still i dont know.i got a 2 years probation too.now i am just trying to leave her.i have a nice carreer and dont want her to rui it after all this years working hard for it.

unfortunately i know that i signed that affidavid of support (i 864).now the question is : how can i leave her (divorce) without her taking advantage of me? she doesnt want to work and i am paying for her ESL classes too.

any one can help...please..please and million of thanks

It sounds like you're being set up. First, let's assume her goal is to get out of the marriage and get a green card that is no longer conditional on your marriage. There are four ways to do this; spouse died, got a divorce or annulment, was abused by spouse, or extreme hardship. You aren't dead, and extreme hardship waivers are extremely difficult to obtain, so let's concentrate on the other two.

Both the divorce waiver and the abuse waiver (also called VAWA) require proof that the immigrant entered the marriage in good faith. This means proof they lived as a married couple.

Virginia generally has a 1 year separation requirement before absolute divorce. This complicates things for her. She can't file for the divorce right away as it would work against her good faith evidence. She can't wait too long to file or the divorce won't be completed before she is required to file the I-751 to remove conditions. In fact, if any aspect of the divorce is contested then it could drag on for years.

On the other hand, if she has evidence you abused her then she can file for removal of conditions based on the abuse, and she won't have to get the divorce first. What's more, the abuse can be used as grounds for the divorce.

As others have stated, you can't withdraw the affidavit of support. Your window of opportunity to do that ended when the conditional green card was approved. Fortunately, you probably won't have to worry about it for a while. The government isn't going to come after you unless she collects means tested benefits, and she won't be eligible for most of those until she's been an LPR for 5 years. She could try to use the affidavit as a basis for spousal support, but that rarely works with family courts - they already have guidelines in the state family code that dictate how they award spousal support. She could go to a civil court and sue you, but they may not be willing to enforce an ex-parte contract (she's not a party to the contract - you and the US government are). She might have better luck in a federal court.

It sucks when this sort of thing happens.

[Deputy Purple 1,294]

What Jim Said....

Seriously, get out of the marriage now and don't be alone with her at all.

If you file the divorce early and don't have a kid with her it may reduce the amount of support she can get from you.

You might want to contact ICE and tell them what's going on, they're used to seeing fraud cases and if they think this is one they'll be on her looking for the signs.

[taoufija1 0]

thanks a lot for all of you..

well things are not getting better in here.she got so violent today because i refused to buy her a car,she even destroyed some decoration that we had in our living room.i am definetly going for divorce but i wonder how should i do it.if she knows i am planing it she may call and lies to police about beating her or something and sure they will believe her since i am in probation.should i get a protective order? if so will they ask her to leave the house or me?(the lease is under my name).

thanks again...

[VanessaTony 3,567]

thanks a lot for all of you..

well things are not getting better in here.she got so violent today because i refused to buy her a car,she even destroyed some decoration that we had in our living room.i am definetly going for divorce but i wonder how should i do it.if she knows i am planing it she may call and lies to police about beating her or something and sure they will believe her since i am in probation.should i get a protective order? if so will they ask her to leave the house or me?(the lease is under my name).

thanks again...

You should be reporting her abuse too.

As you're the one on the lease and she isn't, you have every right to have her removed from the property but I would probably go as far as getting the locks changed while she's out and filing for divorce at the same time (so have the documents ready to be served on her while she's there trying to get in). If she comes over and creates a disturbances then call the police. If she wants to get her stuff let her but DO NOT be alone with her. Make sure you remove her from any and all bank accounts etc. Protect yourself.

Honestly though the easiest option in my opinion is to move out of the apartment yourself. Look into cancelling the lease and what it would cost you and what's involved. Does she have a job? A way to support herself?

[taoufija1 0]

thanks first for taking time to reply...

she doesnt have job and she doesnt want to .she said she wants to finish school here.now i still wonder if i have to pay for her rent if she lives somewhere else? keep in mind that unfortunately i 864 (financial support) was signed as a part of the immigration process.

Thanks

[LIFE'SJOURNEY 970]

Stop whinning about the I-864 if your mental and physical body is in danger you need to take immediate action. Do you want to end your marriage or not. If you wish to save the marriage, then please try to get some martial counseling for starters.

Always in an abuse case, the person being abuse always find them self making excuses for the abuser.

It may seem like I am being hash, but as everyone have stated that the I-864 is between you and the US govt.

You wouldn't happen to be the OP Matcat, posting under a different name. This story is being to sound similar to another OP posting.

[Radkova 11]

i am so sorry. you need to move out right away and get a divorce

[taoufija1 0]

Thanks first

i never posted anything here or no where else.i always been a reader .

anyway i realy dont care about the i 864.i just dont want her to use me paying her rent .and yes i will contact a lawyer as soon as monday comes.

all i need is an answer for this and than i ll move to next step.

Thank you all.

[LIFE'SJOURNEY 970]

Thanks first

i never posted anything here or no where else.i always been a reader .

anyway i realy dont care about the i 864.i

just dont want her to use me paying her rent .and yes i will contact a lawyer

as soon as monday comes.

all i need is an answer for this and than i ll move to next step.

Thank you all.

Only the lawyer can help you with this part. Good luck on moving forward.

[JimVaPhuong 4,863]

Thanks first

i never posted anything here or no where else.i always been a reader .

anyway i realy dont care about the i 864.i just dont want her to use me paying her rent .and yes i will contact a lawyer as soon as monday comes.

all i need is an answer for this and than i ll move to next step.

Thank you all.

Don't take it personally. There are some similarities to your story and a previous member named "mcat89" (or something like that), and your writing style is very similar to his.

[belinda63 3,041]

Go to the courthouse or police station and file for a protective order. There is someplace you can do this 24/7 (required by law) just find out where it is. If it is approved she will be served with it and told to remain so many feet away from you and the residence. You will have a hearing in front of a judge in a set amount of time (usually about one week) at that time request she be escorted to the home by a sheriff while she retrieves her property. Under no circumstances be alone with this woman at any time as she may fake injuries and/or make false reports. At this point you need to protect yourself or you may wind up in jail where the I-864 will be the least of your worries.