can aos be filed with affidavit of support from other usc?

[worldcitizen 0]

hi all,

i was wondering if anyone knew if it was possible for another usc to take responsibility for a conditional green card holder? i am trying to go through a divorce (immigrant husband is not cooperating) and his brother is a usc. i have no problems with my soon to be ex husband saying in the usa, but i do not want to be responsible for him. is it possible for his brother to take over his aos and help him with a permanent green card?

thanks in advance for your help!

[amykathleen2005 441]

Nope, YOU are the one who signed the affidavit of support promising support for 40 quarters of work or until he becomes a citizen no matter what the circumstances.

[Boiler 46,405]

or he dies or you die or he leaves the US

[VanessaTony 3,567]

Nope. When he got his 2 year card you submitted an I-864. That i-864 is legally binding until (as it says on the I-864 itself):

His brother can't "take it over" anything because you already agreed to take care of him till any of the above happens. Nothing you can do to change that.

Edited March 24, 2011 by Vanessa&Tony

[worldcitizen 0]

thanks for your answers.

does anyone know how fast removal proceedings are? he has pretty much made it blatantly clear that he has no intent on leaving the united states and intends on hiding out in this country. he has quit his legitimate job earlier this week without my knowledge until yesterday and is now working under the table. he accused me of cheating last night, which is not true, and packed his bags and left. he refuses to sign divorce paperwork. i'm just curious how often people are actually put in removal proceedings and the government is successful at it?

[belinda63 3,052]

On what grounds would you file a complaint? Is he already in removal proceedings for some reason? If he already has his conditional green card divorce in and of itself is not enough for him to be deported.

[worldcitizen 0]

no divorce has been filed. he refuses to sign the papers. his green card expires in 2 months. the divorce will not be completed by then. i am not necessarily going to "tip off" immigration, but it is my understanding if he violates his conditional green card's status he can be put in removal proceedings.

[Boiler 46,405]

I presume that at some point he will find out it is to his immigration advantage to divorce and self file to remove conditions.

To answer your question, unless he has some major criminal issues or is very unlucky I doubt anything will happen.

[belinda63 3,052]

He can file to remove conditions without you and all he has to show is he entered the marriage in good faith. He does not have to be married to remove conditions.