Divorce after AOS

[LSnBigBear 61]

Okay based on what I just read about "wife cheating me" topic this is ill timed but needed. I have a friend. One that I have posted about previously. And YES this is a friend and not me BTW> My fiancee is still 8000 miles away.

So today my buddy called me and his wife of now just 15 months wants a divorce. They have had a rollercoaster marriage since the first month. She is not happy and wants to go live with friends until her cousin sends her a plane ticket to Texas. My buddy is fed up with all the up's and downs and is okay with her leaving now after many many many threats of leaving and arguments. Good thing in this (if there is one) is that there does not appear to be a third party involved.

My questions are : What is his obligation as to her sponsor/petioner if/when they divorce?? Does she have to leave legally as they just AOS her back late last year. She got her greencard in I think February. Just need to give him some advice.

Thanks everyone in advance.

[del-2-5-2014 1,339]

It's the same for all these.

Friend files for divorce, updates USCIS with status and go on about his life. He is stuck with her I-864 unless she meets the other criteria. She gets to tell USCIS that she is now divorced and follows up with them, she can file for removal of condition since she entered in good faith.

Tell your friend to quickly buy her a plane ticket to whence she is going before she changes her mind. Again.

[amykathleen2005 441]

He is still on the hook for the affidavit until she leaves the country permanently, dies or becomes a citizen. If they entered the marriage faithfully then she can remove conditions without him.

[LSnBigBear 61]

He is still on the hook for the affidavit until she leaves the country permanently, dies or becomes a citizen. If they entered the marriage faithfully then she can remove conditions without him.

That's what I needed.... thanks for the good info...

It's the same for all these.

Friend files for divorce, updates USCIS with status and go on about his life. He is stuck with her I-864 unless she meets the other criteria. She gets to tell USCIS that she is now divorced and follows up with them, she can file for removal of condition since she entered in good faith.

Tell your friend to quickly buy her a plane ticket to whence she is going before she changes her mind. Again.

Thanks GOwon. Just really needed to know if he is on the hook for financially. What a mess he is in.. Thanks for the info...

[VanessaTony 3,567]

That's what I needed.... thanks for the good info...

Thanks GOwon. Just really needed to know if he is on the hook for financially. What a mess he is in.. Thanks for the info...

Well "on the hook financially" doesn't mean he gives HER money. It just means that if she collects means-tested benefits (such as food stamps, medical care etc) that the government CAN come after him and sue him.

Aside from that, he does NOT have to give her money, unless a court orders it.