UKC Wants Divorce With CR Greencard

[Hokie97 5]

This is really hard to put into words, but I have been reading post after post that are several years old and I just need some clarification.

My husband and I got married in Feb 2009 and I immigrated to the UK because that would be easier for his two children. We decided to move to the US and they immigrated with CR-2/CR-1 visas and we settled here June 2010. My father and I co-sponsored their visas with Affidavit of Supports.

Now my husband has said he does not want to live the rest of his life with me and has moved out with his children. After living two years with them, they feel as much like my children as birth children could. I am heartbroken, as I never saw this happening.

My husband did not work in the UK (he was a widow and his benefits paid for him to stay home with the children while they were growing up), so he does not have a skill set or degree. And with two children to care for, I am worried about us having to support him for the next 9 years.

I know that he can remove his conditions himself if he can prove that he married me in good faith, and he could probably get a couple of people to say that he did. At the time I thought that he did too. But he is not giving me a reason for walking out, and it is making me doubt our entire three year relationship. I paid to go visit him in England. I paid for him to come to the US for our wedding. I paid for our wedding and "honeymoon." I paid for my immigration to the UK, I transferred my money to England to purchase new appliances (even before we were married) and I helped support us when his benefits did not cover all of our expenses. I paid for their immigration to the US and I paid off his credit card debt that he had prior to our marriage before we moved. When we got the US, I paid for us to live until we found work.

He needs to prove that he did marry me in good faith, but do I have the right/ability to refute it?

At the time I did not mind spending money on our family, but if I was being manipulated, that just adds insult to injury. My husband has always been vocal about wanting to live in the US since he was a child, and I have it written in emails to me when we first met. He has completely barricaded the children away from me at this point and they are living with a friend. I can hardly function on a day to day basis.

I have spent $20,000 on us and our relationship in the last three years and to be tied to him financially for another 9 years (and to have my father be as well) is adding insult to injury. This isn't me being bitter or angry, because I am not. I would take him back in a heartbeat, but he says he does not want to try and that is all he will tell me. The children's lives (15yo&13yo now) were much better here in the US, but with him not having many prospects, I feel that they would be better off back in the UK where their grandparents could help support them. They were concerned about us moving here, and it is doubtful they'd send him money to support the three of them here.

Our story is a bit more complicated than this, but I think this should be enough without writing a book.

Thank you in advance for any suggestions or input you may have.

[Moosker 7]

I'm so sorry for your situation. I don't have much to say, but read in another post of someone considering writing a letter to USCIS and stating the facts, if you feel it necessary. Hopefully someone else can shed a bit more light on the situation. I wish you the best.

[romnick 15]

I am so sorry about your current situation and I hope you guys can still work it out.There is a whole lot that marriage entails but each party has a vital role to play cos the journey aint bed of roses but with God, Perseverance and patient there is nothing impossible.I am sure you both cant still work something out, I have seen someone here recently who was trying to cancel her hubby's forth coming interview because something went amiss I guess and was asking in one of the forums on how to go about it, To the glory of God they are back together now.Just pray and hopefully he will change his mind cos the stress associated with the Visa journey is stressful and deadly than to have everything worked out and then the deadly divorce thing....It is not funny at all.I will be supporting u in prayers.God Bless.

[TracyTN 237]

Unfortunately, the I 864 is legally binding. But it should only become an issue if your husband seeks means tested benefits (see list below). Then the government may come after you to be reimbursed for that cost. Otherwise, shouldn't be an issue for you.

You and your father will be free of this obligation once he accrues 40 quarters of work or becomes a US citizen.

Read the I 864 instructions for a better explanation than what I just wrote.

• Food stamps
• Supplemental Security Income (SSI)
• Medicaid
• Temporary Assistance for Needy Families (TANF)
• State Child Health Insurance Program (CHIP)

[Brother Hesekiel 2,236]

I don't have a clue whether or not your husband used you to get a Green Card, but I wonder how you came up with those 9 more years thingi?

Unless he works full time, you'll support him and the children until the day they die, get deported, or become US citizens. I don't know how you can assign the number 9 to that?

[Hokie97 5]

I don't have a clue whether or not your husband used you to get a Green Card, but I wonder how you came up with those 9 more years thingi?

Unless he works full time, you'll support him and the children until the day they die, get deported, or become US citizens. I don't know how you can assign the number 9 to that?

I thought I remembered the form for support being for 10 years. But it has been a while since I filled it out.

[VanessaTony 3,567]

I thought I remembered the form for support being for 10 years. But it has been a while since I filled it out.

It's until HE has worked 40 quarters, or you or he dies, or he (and the kids) become USCs, or he leaves the US and gives up his GC (kids as well).

The 40 quarters is often shortened to 10 years (being 4 quarters in each year) but that's not quite correct because if he hasn't worked enough hours, or there are months where he doesn't work the 10 years can be more, and can also be LESS if your income is also helped in that calculation (which it can be). It's also important that you realise it's not that you're spending money on him for 40 quarters, it's that HE has worked and earned enough to have that work qualify as enough quarters of work. The kids obviously can't work for 40 quarters yet so you're only going to end your obligation to them (most likely) when they become USC's which they (and your husband) can do 5 years after becoming LPR's (getting their greencard).

Whether he used you or not is something only you can really know. How was he when you moved to the UK? Were you the person driving your immigration there? You weren't there very long so why did you move back to the US so quick? If his goal was to really move to the US why did you go to the UK first and him not come to the US? Did his kids need to really get to know you first? You said he wasn't working when you moved there BUT he was getting money from the government. I don't know how much that was but do you feel like it's enough that he would have survived well on it? I get the feeling you were the driving force behind the relationship and he just doesn't care enough about you. I'm not sure if you were "used" per se, but it certainly does look like he figured "what the hell, I like her so may as well move to the US while I can". I doubt there was any malicious intent (yet!) but I just don't think he loved you and instead just went with the flow.

[Hokie97 5]

It's until HE has worked 40 quarters, or you or he dies, or he (and the kids) become USCs, or he leaves the US and gives up his GC (kids as well).

Whether he used you or not is something only you can really know. How was he when you moved to the UK? Were you the person driving your immigration there? You weren't there very long so why did you move back to the US so quick? If his goal was to really move to the US why did you go to the UK first and him not come to the US? Did his kids need to really get to know you first? You said he wasn't working when you moved there BUT he was getting money from the government. I don't know how much that was but do you feel like it's enough that he would have survived well on it? I get the feeling you were the driving force behind the relationship and he just doesn't care enough about you. I'm not sure if you were "used" per se, but it certainly does look like he figured "what the hell, I like her so may as well move to the US while I can". I doubt there was any malicious intent (yet!) but I just don't think he loved you and instead just went with the flow.

Thank you for explaining the 40 quarters. I did not understand all of that before.

We thought it would be good for the children for us not to uproot their lives so much right off the bat, which was one of the main reasons I moved there. Also, we had dreams of traveling while I was there. Our original plan was to stay for four years. I would get my citizenship in three, and we'd move the next year. But there was a math error in how old the children would be, and it made financial and educational sense to move. I was the only one of us who did not want to move sooner rather than later, but I agreed to it. I did all of the immigration work in both directions.

He had not been working since 2001 when he became a full time single parent, but with the age of his son, he was going to have to start working based on the benefits rules in place, so his life was going to change and he was going to have to start working whether in the US or UK.

We talked a long time the day I posted in this thread. He has explained a lot of things to me. At this time, I do not think that he used me, but I did find out about some things he lied about. Despite those lies, I love him and still want to spend the rest of my life with him. But I understand that is not only up to me. But he's pretty sure he's going to move across the country to live with the only other person he knows in the US - a woman - and they only met once at our wedding. I am so worried about my children (step-children). It is not fair that I have no say in their lives because we moved before I could adopt them.

[Bobby+Umit 161]

There are some cases where your work qtrs. can count for his requirement for the work qtrs. (Check the SSA for the related info)

Looks like he can prove the marriage was entered on good faith, unless you know more info then you are divulging here, most likely he will be able to ROC, if needed.

Please remember - he only needs to prove it was "entered" on good faith - there are no requirements to have a happy marriage, or stay together for the period.

The amount of money you spent is inconsequential - that does not factor into this immigration matter.

Like others mentioned, if he pulls means tested benifits, the US/State/Local governement may come after you/Dad for re-payment.

In some rare circumstances, he could possibly use the 864 for support in divorce proceedings (You will have to pay him the poverty level of income).

Does he still pull the widow pay from the UK? If he does, that will count as income, and if the above rare thing happens, would be deducted from any total amount. (again - very rare, you can count the cases on your hands).

[Hokie97 5]

Looks like he can prove the marriage was entered on good faith, unless you know more info then you are divulging here, most likely he will be able to ROC, if needed.

Please remember - he only needs to prove it was "entered" on good faith - there are no requirements to have a happy marriage, or stay together for the period.

Like others mentioned, if he pulls means tested benifits, the US/State/Local governement may come after you/Dad for re-payment.

Does he still pull the widow pay from the UK? If he does, that will count as income, and if the above rare thing happens, would be deducted from any total amount. (again - very rare, you can count the cases on your hands).

I understand that about entering and I know a lot of marriages do fail. I am just shell shocked and having trouble sorting through things right now.

It seems that there should be some sort of out for the support. I know there isn't, but I dragged my family into this "in good faith" because I thought we were going to be together forever. The only one being punished in this circumstance is me (financially and emotionally) and the children (emotionally).

He does not still get pay from the UK.

I will keep all of this in mind. Thank you very much for your input.

[Erthwhile 0]

There are some cases where your work qtrs. can count for his requirement for the work qtrs. (Check the SSA for the related info)

Looks like he can prove the marriage was entered on good faith, unless you know more info then you are divulging here, most likely he will be able to ROC, if needed.

Please remember - he only needs to prove it was "entered" on good faith - there are no requirements to have a happy marriage, or stay together for the period.

The amount of money you spent is inconsequential - that does not factor into this immigration matter.

Like others mentioned, if he pulls means tested benifits, the US/State/Local governement may come after you/Dad for re-payment.

In some rare circumstances, he could possibly use the 864 for support in divorce proceedings (You will have to pay him the poverty level of income).

Does he still pull the widow pay from the UK? If he does, that will count as income, and if the above rare thing happens, would be deducted from any total amount. (again - very rare, you can count the cases on your hands).

So, let's say they entered the marriage in good faith, but he asked for divorce after 2 month of coming to the US. Let's say things fell apart on those two months. Would he still be ok? It's interesting...

[JimVaPhuong 4,863]

So, let's say they entered the marriage in good faith, but he asked for divorce after 2 month of coming to the US. Let's say things fell apart on those two months. Would he still be ok? It's interesting...

Yes, as long as the immigrant can prove, to the satisfaction of USCIS, that they entered the marriage in good faith. Obviously, USCIS is going to look with more suspicion on a case where the divorce was filed soon after the immigration benefit was granted.

[NigeriaorBust 4,087]

A quick divorce after entry might not be a deal killer if the couple resided together long term before coming to the US. But what does look bad is a short relationship , fast marriage , and quick separation after arrival.

[aberfitch 0]

A quick divorce after entry might not be a deal killer if the couple resided together long term before coming to the US. But what does look bad is a short relationship , fast marriage , and quick separation after arrival.

Hi everybody, I just posted a similar topic today too explaining my situation but also I wanted to reply here since my concern is kinda similar at this moment in regards to this.

"But what does look bad is a short relationship , fast marriage , and quick separation after arrival."

To recap my story really fast from my other post is:

-got married 05/2010

-got conditional GC 01/211

-things are not working out as of right now so I'm deciding to file for divorce as soon as next month.

My marriage was real and in good faith but I just worried that it might look bad to be consider too short.

any thoughts??

thank you

[cca 13]

I got married January 10th 2009...applied for AOS in February but the governement were sooooooooo slow I didnt get my CGC till Dec 2009!!!I moved out of our townhome that I was living at with my husband In August of last yr (altho we still tried to work on it for a while) but our divorce became finalised in March 2011.

Now if you look at the grand scheme of things (which USCIS should have on file!) I met my ex husband in 2006 and we were married for over 2 years! I have just sent in my waiver to ROC and submitted soo much evidence showing it was in good faith.

I cant end this by saying 'yes they approved it' even though i wish i could as I only just sent it in BUT I am pretty sure (and hope im right) that they have to look at the whole thing. They scrutinise every possible detail anyways so they should scrutinize this too.

Im sure they do take into account the period of time that you got your CGC as it is a factor but they have to consider everything and so if the timeline of an avergae dating period/married life doesnt look suspicious plus they have a whole package of evidence sat on their desk, im sure that they will combine all factors and lead onto a result rather then just go by one.

Make sure you have a lot of evidence (even more so if your timeline may look a little short) and im sure itll be ok. Although Ill let you now my outcome in the next few months

Edited April 25, 2011 by cca