DIVORCE might come - what about the green card?

[uklover 1]

My heart is breaking. The person I love more than anyone, the person I helped bring over the USA, the person I have 2 - 6 month twin babies with is cheating I believe. There is so much more evidence that I need find, and we need to talk about it, but the evidence so far isnt looking good. If we move to divorce or even before...what do I do about his green card, he is on a conditional green card. He got over here a year ago. I think he has a review at the two year point. Do i retract my sponsoship or what do I do? If he is unwilling to let go of this other woman for me and his family then I dont want to help him keep his green card or help him stay in this country.

Please help.

[uklover 1]

My heart is breaking. The person I love more than anyone, the person I helped bring over the USA, the person I have 2 - 6 month twin babies with is cheating I believe. There is so much more evidence that I need find, and we need to talk about it, but the evidence so far isnt looking good. If we move to divorce or even before...what do I do about his green card, he is on a conditional green card. He got over here a year ago. I think he has a review at the two year point. Do i retract my sponsoship or what do I do? If he is unwilling to let go of this other woman for me and his family then I dont want to help him keep his green card or help him stay in this country.

Please help.

I feel like my heart is physically being ripped out. I can hardly breath.

[LlamaInvasion 76]

I'm sorry. He has his green card now, there's nothing you can do about that. Even if you divorce, he can still file for Removal of Conditions on his own (he just needs to prove that you entered the marriage in good faith). You also cannot retract your sponsorship. Your sponsorship ends when he either naturalizes, works 40 qualifying quarters, gives up his green card and leaves the country, or dies.

Edited December 18, 2012 by LlamaInvasion

[bigdog 376]

Try counseling, church to work it out, best of luck to you and sorry to hear this.

[Villanelle 4,122]

I am very sorry youre going through this as well.

The basic facts are-

If you separate/divorce there is nothing you can do to "help him keep his green card or help him stay in this country", nor is there anything you can do to have his status revoked. You petitioned for him to come here, he was approved and issued a GC, so its done. As was posted above, if you divorce ha can file to remove the conditions on his own.

As for your affidavit of support (the 864 form you filled out) there is no way to retract that. You should be aware however it will expire if he becomes a citizen (which he can after being a GC holder for 5 years since youre divorced hed have to file that way), if he chooses to leave the country after the divorce and give up his GC, or when he earns 40 credits of work with SS (which normally takes the average person 10 years if they work full time). You should note- most states bar GC holders from receiving public assistance for the first 5 years- which is what your affidavit has you on the line for (promising to pay back any government assistance he receives) So the time period you need to be concerned about is the 5-10 year time period after his GC was issued- if hes not a citizen, he will be able to obtain public assistance if his income is low enough and if the state is on top of things they will come after you for repayment. (Im sorry to be so blunt, but thats just the reality of it) Also it could go longer then 10 years, like I said 10 years is how long it takes the average person working full time to accumlate 40 credits- if he has a poor work ethic/trouble holding a job, in 10 years he wont have enough credits and your obligation wont end until the condtions are met. You can view the conditions here- http://www.visajourney.com/forums/topic/113431-i-864-affadavit-of-support/

[TBoneTX 45,910]

*** Thread moved from main AOS/Family-Based forum to Effects of Major Changes forum. ***

(Moderator hat off)

Extreme sympathies to you. Hug those twin babies (6 months is a cute age). Keep the faith.

[John and Camie 39]

My heart is breaking. The person I love more than anyone, the person I helped bring over the USA, the person I have 2 - 6 month twin babies with is cheating I believe. There is so much more evidence that I need find, and we need to talk about it, but the evidence so far isnt looking good. If we move to divorce or even before...what do I do about his green card, he is on a conditional green card. He got over here a year ago. I think he has a review at the two year point. Do i retract my sponsoship or what do I do? If he is unwilling to let go of this other woman for me and his family then I dont want to help him keep his green card or help him stay in this country.

Please help.

Oh my life. I'm so sorry, uklover.

If it's true, then I wouldn't entertain his behind for another day, girl. You don't need to be constantly worrying about what he's up to while you're trying to raise two babies. Let him sort out his own ROC and see how easy it is to stay in the country without a loving spouse to offer assistance and support. The bright side of him staying here is that he'll be held accountable for child support. I wonder how much supporting two babies, on top of alimony and paying out for ROC in this rough economy, is going to be worth it to the other woman once the novelty of the affair wears off. I wish I could reach through the computer and and give you hugs! xxx