Divorce during two year green card

[gyi 1]

If a couple were to divorce before the ten year green card but during the the two year green card and the final decree is issued either after the expiration of the two year card or before the expiration of the two year green card, and Immigration granted a ten year green card, what responsibility would the US citizen have under the I864, Affidavit of Support?

[Caryh 5,206]

If a couple were to divorce before the ten year green card but during the the two year green card and the final decree is issued either after the expiration of the two year card or before the expiration of the two year green card, and Immigration granted a ten year green card, what responsibility would the US citizen have under the I864, Affidavit of Support?

Divorce changes nothing once the original green card is issued. Only officially withdrawing the I-864 before the green card is approved stops it from being enforceable.

[JohnR! 5,495]

1340031095[/url]' post='5459034']

If a couple were to divorce before the ten year green card but during the the two year green card and the final decree is issued either after the expiration of the two year card or before the expiration of the two year green card, and Immigration granted a ten year green card, what responsibility would the US citizen have under the I864, Affidavit of Support?

Divorce doesn't nullify the I-864

The sponsor's responsibility remains until the foreign citizen becomes a US citizen, works for 10 years, leaves the US permanently or passes.

[gyi 1]

I'm aware that divorce does not cancel the Affidavit of Support, though when the two year green card is up for renewal to the ten year card, both parties need to sign the application and submit a new Affidavit of Support, if only the person wanting the 10 year green card submits the application and no new Affidavit of Support is submitted, and, an Immigration court decides to grant a 10 year green card, what is the responsibility of the ex-spouse as regards to the affidavit support issue?

[JohnR! 5,495]

I'm aware that divorce does not cancel the Affidavit of Support, though when the two year green card is up for renewal to the ten year card, both parties need to sign the application and submit a new Affidavit of Support, if only the person wanting the 10 year green card submits the application and no new Affidavit of Support is submitted, and, an Immigration court decides to grant a 10 year green card, what is the responsibility of the ex-spouse as regards to the affidavit support issue?

If they do not request a new affidavit of support at the time of ROC, the original will remain in effect.In fact, I do not believe the foreign national will need a new affidavit of support for ROC.

Edited June 18, 2012 by Gegel

[Harpa Timsah 13,258]

I'm aware that divorce does not cancel the Affidavit of Support, though when the two year green card is up for renewal to the ten year card, both parties need to sign the application and submit a new Affidavit of Support, if only the person wanting the 10 year green card submits the application and no new Affidavit of Support is submitted, and, an Immigration court decides to grant a 10 year green card, what is the responsibility of the ex-spouse as regards to the affidavit support issue?

Nope. You do not sign a new Affidavit of Support for ROC.

[KayDeeCee 4,896]

I'm aware that divorce does not cancel the Affidavit of Support, though when the two year green card is up for renewal to the ten year card, both parties need to sign the application and submit a new Affidavit of Support, if only the person wanting the 10 year green card submits the application and no new Affidavit of Support is submitted, and, an Immigration court decides to grant a 10 year green card, what is the responsibility of the ex-spouse as regards to the affidavit support issue?

The ROC process does not require a new I-864. The one you sign for AOS is the one that is legally binding and lasts until either party dies, the LPR becomes a citizen, the LPR leaves the country and gives up their green card, or the LPR works for 40 qualifying quarters.

Here is the guide for ROC: http://www.visajourney.com/content/751guide

Someone that is divorced provides a copy of their divorce decree along with their other ROC documents and I-751.

[Eric-Pris 1,607]

If a couple were to divorce before the ten year green card but during the the two year green card and the final decree is issued either after the expiration of the two year card or before the expiration of the two year green card, and Immigration granted a ten year green card, what responsibility would the US citizen have under the I864, Affidavit of Support?

You're screwed. You have to support her for up to 10 years.

[Dave&Roza 748]

I'm aware that divorce does not cancel the Affidavit of Support, though when the two year green card is up for renewal to the ten year card, both parties need to sign the application and submit a new Affidavit of Support, if only the person wanting the 10 year green card submits the application and no new Affidavit of Support is submitted, and, an Immigration court decides to grant a 10 year green card, what is the responsibility of the ex-spouse as regards to the affidavit support issue?

Where does either party complete a new I-864 for ROC? I have looked at the ROC as we are getting close, but the only form to fill out is the I-751. The I-864 is in full affect until one of the conditions is met which COULD take 10 years or longer if 1) she decides to not die, 2) you decide not to die, 3) she leaves the US and abandons her LPR status, or 4) becomes a USC (which is now 5 years instead of 3 years). SO if she decides to remain in the US and remain a LPR, you are on the hook to repay the US government if she should accept means tested benefits unitl she has 10 quarters of qualifying work. Most people think that that is 10 years, but only if she works continously. It could be much longer.

Sorry, but the I-864 at AOS is the one and only I-864 you sign and you are on the hook until the conditions are satisfied.

Good luck,

Dave

[VanessaTony 3,567]

You're screwed. You have to support her for up to 10 years.

Wrong. Aside from the other provisos it's not "10 years" it's "40 SSA quarters" which as there are 4 quarters per year is rounded to 10 years BUT that is based on her income.. not simply the years passing by. It's calculated at $1130 to get one quarter, with a MAX of 4 quarters per year. She might never work (family supports her or something) so the "10 years" could end up being much much longer.

The SSA explains the quarters here: http://www.socialsecurity.gov/OACT/COLA/QC.html

Where does either party complete a new I-864 for ROC? I have looked at the ROC as we are getting close, but the only form to fill out is the I-751. The I-864 is in full affect until one of the conditions is met which COULD take 10 years or longer if 1) she decides to not die, 2) you decide not to die, 3) she leaves the US and abandons her LPR status, or 4) becomes a USC (which is now 5 years instead of 3 years). SO if she decides to remain in the US and remain a LPR, you are on the hook to repay the US government if she should accept means tested benefits unitl she has 10 quarters of qualifying work. Most people think that that is 10 years, but only if she works continously. It could be much longer.

Sorry, but the I-864 at AOS is the one and only I-864 you sign and you are on the hook until the conditions are satisfied.

40 quarters, not 10 but otherwise correct. It's not a form to take lightly.

[Penguin_ie 5,996]

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