Wife leaves and attempts to file divorce

[<3 3]

No, unfortunately, divorce does not end the financial contract signed by the sponsor with the US government to ensure that the immigrant is not a financial burden on the taxpayers. The Affidavit of Support is finished only when one of the following happens:

1) the sponsor dies

2) the immigrant dies

3) the immigrant earns 40 quarters of insurable income (usually 10 years, although the immigrant can count the US spouse's income towards those 40 quarters so that equals a minimum of 5 years)

4) the immigrant permanently leaves the US and is no longer an LPR

5) the immigrant becomes a US citizen.

Even if you get divorced, the sponsor is still held liable to the Affidavit of Support, a contract he/she signed with the Government and not with the immigrant.

The issue of financially supporting the immigrant on a daily basis is something that needs to be addressed during any divorce discussion and addressed by the divorce decree and is a separate issue from the Affidavit of Support.

Thanks for the legal lesson. Not that it pertains to me but nonetheless, very interesting info!

[Oshun 3]

In Sept we were denied the green card, I filed motion to reconsider/reopen, but before the motion was heard wife left me, moved out, and said she was filing for divorce. We won the motion and a conditional green card was given to her. She has cut all communications with me and has attempted to file a divorce on me. What should I do. She is still on the conditional green card.

I think I remember seeing your posting about being denied; You posted something on VJ in the past? I recall that an IO came to your home and denied the GC because they did not beleive that the marriage was consumated, and that you both had not presented yourselves as husband and wife to your friends and family.

I may be wrong but I did recall you also stating that they suspected that your disability had something to do with it.

In that case (and I hate to get so personal), can you prove that the marriage was not in fact consumated as the IO suspected? You of course cannot do this if you went to great lengths trying to convince them otherwise in your motion/appeal. It also depend of whether that is actually the truth....

If I'm thinking of someone else, please forgive me but can you tell us why you were specifically denied in the first place? You may be able to use that reason in your next steps.

[Oshun 3]

http://www.visajourney.com/forums/topic/272191-i485-denied-help-asap/

Found it!!!

[katiemanny 64]

Wow, you fought with Immigration about getting your wife a green card, and now you want to take it away because you think you gave it to her. I don't know but I think the IO was correct in the first decision.