husband on k-3,

[tawanad2000 0]

Hi guys can someone help me with this, my husband is here on a k3 visa but our marriage is not working. L only applied for work permit so far. What are my options if I let him stay how long will it take to completly finish the proc...if I get a divorce what paper work do i need to stop it. Someone told me we have to live together for 10 years is that true?Help me please. Thanks!

[flipside 0]

Sorry to hear...

Legally speaking, you're financially responsible for him for 10 years, 40 working quarters, or until he becomes a citizen. Whatever comes first.

Does he have to live with you? No. But if he tries to get any gov't benefits they'll come after you to pay them back.

I'm sorry to say this, but it's time for you to stop getting advice from a message board and get yourself a lawyer.

[munchkins 0]

And let your head rule your heart unless you want to be out of pocket for along time. Sorry to sound so harsh at such a sad time but as the previous post states, you will be responsible for a long time

I sincerely hope that you sort things out and can move on with your life. good luck

Edited August 15, 2006 by munchkins

[john_and_marlene 162]

Sorry to hear...

Legally speaking, you're financially responsible for him for 10 years, 40 working quarters, or until he becomes a citizen. Whatever comes first.

Does he have to live with you? No. But if he tries to get any gov't benefits they'll come after you to pay them back.

I'm sorry to say this, but it's time for you to stop getting advice from a message board and get yourself a lawyer.

There is no 10 year rule for the Affidavit of Support ... it would be 10 years of working full time (40 quarters). If they don't work full time for 40 quarters the time could be much longer. If they never apply for citizenship and never attain 40 quarters, the Affidavit could be in effect for many decades.

[Yodrak 7]

flipside,

Or until the sponsored immigrant dies, or until the sponsored immigrant leaves the USA and abandons their LPR status. However, from the post it appears that L has not yet applied for LPR status or for an immigrant visa, so Tawana may not have any financial responsibility at this point.

John has already corrected the 10-year misinformation.

Yodrak

Sorry to hear...

Legally speaking, you're financially responsible for him for 10 years, 40 working quarters, or until he becomes a citizen. Whatever comes first.

Does he have to live with you? No. But if he tries to get any gov't benefits they'll come after you to pay them back.

I'm sorry to say this, but it's time for you to stop getting advice from a message board and get yourself a lawyer.

Tawana,

Has your I-130 petition been approved yet? If not you can write to the Service Center that is processing it and withdraw it. And if that fails, and the petition is approved and is sent on to the NVC, you can write to the NVC to withdraw it.

You should have a consultation with an immigration attorney for more detailed information and information as to what the consequences of these steps might be for both yourself and your husband.

Yodrak

Hi guys can someone help me with this, my husband is here on a k3 visa but our marriage is not working. L only applied for work permit so far. What are my options if I let him stay how long will it take to completly finish the proc...if I get a divorce what paper work do i need to stop it. Someone told me we have to live together for 10 years is that true?Help me please. Thanks!

Edited August 15, 2006 by Yodrak

[Reba 2]

if all you've done so far is the affidavit of support for the K3, you are Not liable to your husband financially beyond the expiration date of the K3, if that.

As Yodrak said, if you have not applied yet for AOS, you are not bound by the I-864 requirements, just notify USCIS and/or NVC that you wish to withdraw the I-130 petition. Your husband will have to either leave the US when his K3 expires, or try to adjust status on his own merit, which will be difficult I would think.