Should he pay my rent?

[Filipina35 0]

Hi,

I only got my conditional green card in march. we were having problems long before that but anynow now we've decided to separate. my husband is the one who is really pushing for it. i just started a job...have no savings. i have not had time to research the affidavit of support thing as yet...just asking...is he supposed to help/pay for my rent since he is the one who doesn't want to work it out and im not yet able to afford rent? i dont even have any credit...dont know if anyone will even rent to me. anyway..sorry if rambling...just so sad. Just want to know if he's obligated to help and if yes until what point. we havent filed for divorce as yet. just living in separate rooms. sigh....

[marklovetina 52]

Hi,

I only got my conditional green card in march. we were having problems long before that but anynow now we've decided to separate. my husband is the one who is really pushing for it. i just started a job...have no savings. i have not had time to research the affidavit of support thing as yet...just asking...is he supposed to help/pay for my rent since he is the one who doesn't want to work it out and im not yet able to afford rent? i dont even have any credit...dont know if anyone will even rent to me. anyway..sorry if rambling...just so sad. Just want to know if he's obligated to help and if yes until what point. we havent filed for divorce as yet. just living in separate rooms. sigh....

oh my.. so sorry to hear what's happening to u there.. i am also new to this AOS, just starting reading this forum.. for sure lots of people here will post regarding about ur query..

God bless..

[mattychell 1]

Who ever sponsored you is responsible i believe, but i hope all works out for you

[Messybrownhair 251]

First of all, I'm sorry it's not working out

I think that's something for you both to talk about and decide. I don't think he's obligated to pay your rent though? But I know he can't just kick you out and leave you with nothing.. Hope you work something out

Do you have any friends or relatives you could stay with for the meantime?

I'm glad you found a job, that is your first step to independence and freedom.

Edited June 7, 2011 by Messybrownhair

[Krikit 1,164]

With regard to the affidavit.... the petitioner is only responsible for repaying any means-tested benefits you may take out. Meaning he only promised you wouldn't be a burden to the American taxpayers.

Moving your thread from the AOS Process forum over to Effects of Major Changes.

[Filipina35 0]

With regard to the affidavit.... the petitioner is only responsible for repaying any means-tested benefits you may take out. Meaning he only promised you wouldn't be a burden to the American taxpayers.

Moving your thread from the AOS Process forum over to Effects of Major Changes.

burden to the american taxpayers? k. ty

First of all, I'm sorry it's not working out

I think that's something for you both to talk about and decide. I don't think he's obligated to pay your rent though? But I know he can't just kick you out and leave you with nothing.. Hope you work something out

Do you have any friends or relatives you could stay with for the meantime?

I'm glad you found a job, that is your first step to independence and freedom.

no i don't know anyone but thanks for ur positive input

[Ironman140 45]

Sorry to hear its nots working out

Well If your married You need to speak to a lawyer ASAP .

He does have obligations and may have to pay something's but get your own lawyer Do not use he's . Need more info kids involved ?? Incomes state your in

[rika60607 215]

He is not obligated to pay your rent or give any money to you. That is until and unless a judge says otherwise in your divorce proceedings.

It is great that you found a job. Even without credit history, you can find a place to rent - look on the websites that advertise for roommates, or try to sublease from someone who wants to move out from their apartment before the end of the lease.

On the other hand, you are not obligated to leave your current home, so if he wants you out, he could help you to find a place and put a security deposit down for that place (since you have no savings).

Hi,

I only got my conditional green card in march. we were having problems long before that but anynow now we've decided to separate. my husband is the one who is really pushing for it. i just started a job...have no savings. i have not had time to research the affidavit of support thing as yet...just asking...is he supposed to help/pay for my rent since he is the one who doesn't want to work it out and im not yet able to afford rent? i dont even have any credit...dont know if anyone will even rent to me. anyway..sorry if rambling...just so sad. Just want to know if he's obligated to help and if yes until what point. we havent filed for divorce as yet. just living in separate rooms. sigh....

[Deputy Purple 1,294]

On the other hand, you are not obligated to leave your current home, so if he wants you out, he could help you to find a place and put a security deposit down for that place (since you have no savings).

Absolutely right on that one.

His moral & legal obligations are not the same. If you need financial support from him to get yourself established then be sure to have a lawyer for the divorce case and seek spousal support based on the fact that you left everything to begin on this journey with him and now that HE wants out you need the help.

[JimVaPhuong 4,863]

Absolutely right on that one.

His moral & legal obligations are not the same. If you need financial support from him to get yourself established then be sure to have a lawyer for the divorce case and seek spousal support based on the fact that you left everything to begin on this journey with him and now that HE wants out you need the help.

The OP's profile indicates she's in California. This state very rarely grants spousal support in the case of a marriage of under five years.

It's possible to get a support order based on the affidavit of support, but it's unlikely a family court judge is going to order this. California family law gives clear guidance to family court judges in awarding support, and there are no provisions for taking an affidavit of support into account. She'd probably need to file a separate suit in a civil court.

[cardigans5 43]

Since you're married do NOT leave your house! If things can't be worked out stay there until a judge rules otherwise. You're married...you're equals...you have rights.

[gigi_a 0]

Hi,

I only got my conditional green card in march. we were having problems long before that but anynow now we've decided to separate. my husband is the one who is really pushing for it. i just started a job...have no savings. i have not had time to research the affidavit of support thing as yet...just asking...is he supposed to help/pay for my rent since he is the one who doesn't want to work it out and im not yet able to afford rent? i dont even have any credit...dont know if anyone will even rent to me. anyway..sorry if rambling...just so sad. Just want to know if he's obligated to help and if yes until what point. we havent filed for divorce as yet. just living in separate rooms. sigh....

It is really sad to hear stories like that! Sorry you are having trouble :{

Do not leave your home!!! It is yours too now. Stuff like that happens to a lot of couples, especially new ones. Try your best to work it out and see how it goes. Don't put an X on your marriage just because you are going through a rough patch. Plus like other VJs said, he is not obligated to pay your rent or help you at all with that. Try and talk it out!

Good luck to you!

[Darnell 8,478]

IMO, there's 2 legals ponds to swim in, when going in for the divorce.

1. Any government issued 'means-tested benefits' that the US Government pays to YOU, well, he'd be on the hook to repay the Federal Government (No direct payments to you) - there's no connection to 'direct payment from him to you', at all.

2. Divorce has different stages, aye? When first filing, is possible to be awarded 'temporary spousal support' by the court, but it's not every state that allows for this. Temporary Spousal Support ENDS when the divorce is finalized, sometimes is new spousal support decree in place as well, when the divorce is finalized.

I'm sure you spent hours and hours studying about the immigration process, how to fill out forms, what other documentation is required, yes?

Now you have more homework, to study the divorce laws in your state, have a firm grasp of 'what is what' and 'how to do' and 'how to handle the paperwork'.

Good Luck !

[katiemanny 64]

Just because she will not leave her home doesn't mean the rent will be paid for, I don't think she's entitled to anything since the marriage is less than 5 years. the best advice is find someone who is looking for a roommate and move on with your life. And since she has a job, there's little chance that a judge will order temporary support.

[Casprd 167]

The I-864 clearly states that the petitioner is responsible for providing support that is at least 125% of the poverty level(Page 6: What does signing the form I-864 require me to do?). This is a contract that was signed by the petitioner. Secondly, The I-864 then goes on to say that if you receive any means-tested benefits then the petitioner "MAY BE" asked to reimburse the agency that provided this. But, the petitioner's income and assets are deemed to be available for determining means tested eligibility. In practice, the petitioner is rarely required to reimburse any public agency support, but this will depend on the agency and the location.

Now here is the kicker. The I-864 says that if the petitioner does not provide that level of support then the beneficiary may sue for that level of support, plus attorney and collection fees. (Page 7: What if I do not fulfill my obligations?). This would be separate from the divorce proceedings, but it is an option that is out there. Bottom line is in California for a marriage of such short length you probably won't get a support judgement from the divorce proceedings, but you can sue the petitioner for support under their contracted obligations of the I-864.

Sounds like it is time to consult an attorney for this.