Frustrated and Confused

[scubagrrrl 0]

My immigrant husband (from UK) and I married almost 4 years ago. It took over a year to get through the inital immigration process, and we filed for the conditions to be removed from his visa almost a year ago now. The requested further evidence, which we submitted and they apparently never received, as they denied it. He was told that he has to turn over his greencard or file an appeal within 30 days, neither of which he has done.

That is the background on where we are at in the case. In the marriage, not so much. He is an alcoholic, somthing I had no idea of before we lived together. He is lazy, verbally and emotionally abusive. I have already filed for divorce however he hasn't signed the forms he is required to sign so I will have to have him served. The problem is that I no longer know where he is. He left this morning to move in with a girl he met in the bar last week.

I have far too many questions and honestly, I don't even know where to start looking. I already bought him a ticket back home, he is supposed to leave Sunday, but with this disappearance I am not sure where everything stands. Am I responsible for him for the full 10 years even though we divorced and he disappeared? Where does his immigration status stand at this point? Do I have any standing to revoke my support, or not be held liable for his support?

He has been here for almost 3 years, and has not worked, helped with anything at home, refused to do anything that didn't involve drinking, and dang it, I want out!

[JimVaPhuong 4,863]

My immigrant husband (from UK) and I married almost 4 years ago. It took over a year to get through the inital immigration process, and we filed for the conditions to be removed from his visa almost a year ago now. The requested further evidence, which we submitted and they apparently never received, as they denied it. He was told that he has to turn over his greencard or file an appeal within 30 days, neither of which he has done.

That is the background on where we are at in the case. In the marriage, not so much. He is an alcoholic, somthing I had no idea of before we lived together. He is lazy, verbally and emotionally abusive. I have already filed for divorce however he hasn't signed the forms he is required to sign so I will have to have him served. The problem is that I no longer know where he is. He left this morning to move in with a girl he met in the bar last week.

I have far too many questions and honestly, I don't even know where to start looking. I already bought him a ticket back home, he is supposed to leave Sunday, but with this disappearance I am not sure where everything stands. Am I responsible for him for the full 10 years even though we divorced and he disappeared? Where does his immigration status stand at this point? Do I have any standing to revoke my support, or not be held liable for his support?

He has been here for almost 3 years, and has not worked, helped with anything at home, refused to do anything that didn't involve drinking, and dang it, I want out!

The affidavit of support doesn't automatically expire after ten years. It remains legally binding until he becomes a US citizen, or he accumulated 40 quarters (10 years) of work credit through Social Security, or he loses his immigrant status and leaves the United States, or either of you dies. You can't withdraw the affidavit of support after the immigration benefit has been granted. The immigration benefit was his conditional green card.

In other words, you could potentially be bound by the affidavit of support for the rest of your life.

Don't worry. That doesn't mean you have to support him. The affidavit of support is not an order of support. You don't have to give him anything unless a judge orders you to do it. That isn't going to happen unless he gets a ruthless lawyer and makes a very strong case for spousal support based on the affidavit. Attempts by immigrants to enforce the affidavit of support in family court fail far more often then they succeed.

He's lost his immigrant status because his removal of conditions was denied, and he failed to appeal within the 30 day window. If he leaves the US then the affidavit of support is terminated. He's subject to removal now, but I don't know if USCIS would actually put him in removal proceedings. That would be contrary to all of the recent bluster by Barack Obama and Janet Napolitano that DHS is only deporting aliens who have been convicted of a crime, or who have recently entered without inspection, or who have repeatedly entered without inspection. Nobody really knows what DHS is up to these days. It's an election year, and there have been a lot of recent policy changes.

My advice - proceed with the divorce and forget about your husband. Change the locks, and make sure he doesn't have access to any of your bank accounts.

[scubagrrrl 0]

Thank you so much! I haven't been on here since I asked the question, and holy cow, I was worrying. I don't know if he surrendered his greencard when he left the country, but I know he is already talking about moving back over here to live with some girl he met at the bar a few nights before he left. Apparently she cannot move to the UK as she has several felony convictions. Oh my gosh, I am astounded to be at this place right now. I'm a good person. I obey the law. I'm pretty kind. I do charity work.

I am already happier and so much more at peace but it just makes me so angry!!

[scubagrrrl 0]

I guess I have one more question. Because his visa was denied and he was ordered to surrender his greencard then left the country of his own free will (well, kind of MY free will as I had to pay for the ticket), what are his options of returning to the US on any sort of visa, or just as a tourist? I have tried to find information about this but I can't seem to find anything very specific. I don't particularly care if he comes back over here, since I am not liable for him in any way anymore, merely curious.

[rade2rising 205]

once he leaves under the timeframe given he can return on ANY visa. seems the 30 days have passed though....

but by the sounds of things he is not going to return. he will stay here no matter what. get use to that idea fast.