She's leaving after 3 years of marriage, can I do another I-129F?

[ATXtacos 0]

Hi all. I've been lurking this forum for a few years. But right now I'm not finding the answers I'm looking for. Maybe I already know, but I really want to check in and see what others have to say.

I'm a U.S. citizen and I petitioned for alien fiance in 2010. She (russian) was granted a K1 visa and we married shortly after. She got her green card and just at the mark of ROC, she wants a divorce. Her 10 year card is still in the mail and hasn't even arrived yet.

I'm pretty sure she entered the relationship in good faith, otherwise she is one heck of an actress. But as soon as she filed for the 10 year card, she put her foot down and told me to fill out the divorce papers. So I guess that's that... she doesn't want to work on fixing our relationship, even though it's not broken, and would rather run off to a new life and a different guy. I feel not only heartbroken (like you can't imagine, or maybe can...) but I also feel ripped off, kinda. Like she gets to stay and run off to a new life, and I get stuck being her sponsor hoping she doesn't file for benefits.

I understand I'm stuck with the I-864 deal until she leaves, becomes a citizen, or works for 10 years. So does that mean I have to wait 10 years before I can ever petition for a different fiance? I'm not planning on it, but rather trying to understand what is going on and just how much choice I actually have. And yeah, what if I travel and fall in love with someone from another country? Am I screwed because my first wife decided to leave when it was convenient to her?

I'm thinking that the answer is yes, I can file for another petition, but either need to become filthy rich or have someone co-sponsor the next I-864. Obviously, that's pretty lame because what I thought was the girl of my dream (literally) didn't work out, how can I ask someone to co-sponsor another? such a risky crapshoot this stuff is! Again, I"m not saying this is my plan, just asking what my options are. Otherwise I guess I have to be sure not to fall for anyone other than a U.S. citizen.

thanks for any help. Please let me know if you want more details.

[NikLR 13,232]

You can certainly petition again but you'll always have to count her on your affidavit of support until one of the 4 criteria are met.

I'm sorry your relationship didn't work out for you. That is very sad. I hope that you can get the closure you need and live a happy life.

[Mel and Rudy 2]

Jeez. Stuck out for three years and then dumped ya eh? Tough luck.

There's nothing you can do about her now. Even if you hadn't filed for ROC, she would still most probably get to stay and you'd still be on the hook.

You can sponsor again so long as you meet the income requirements but now she will be considered a dependent.

[Cathi 5,784]

You can petition for someone else, you will have to count your ex as part of the affidavit of support until she becomes a citizen or works 40 quarters. My question is, if you are so heartbroken, why are you looking for someone else already? Give yourself some time to heal. And perhaps try to find a US citizen so you don't have to go through the hassle a second time. Good luck

[ATXtacos 0]

You can petition for someone else, you will have to count your ex as part of the affidavit of support until she becomes a citizen or works 40 quarters. My question is, if you are so heartbroken, why are you looking for someone else already? Give yourself some time to heal. And perhaps try to find a US citizen so you don't have to go through the hassle a second time. Good luck

I'm not looking. i just feel not only heart-broken, but powerless. It would bring me some comfort to know that I can still bring someone to live with me here, if i ever do find another girl that I actually want to marry.

Also, more questions... how will I ever know what she does, as far as working 40 quarters or applying for citizenship? Can she still apply for citizenship? Does it matter who files for divorce? Should I make her file?

Edited June 30, 2013 by ATXtacos

[JimVaPhuong 4,863]

I'm not looking. i just feel not only heart-broken, but powerless. It would bring me some comfort to know that I can still bring someone to live with me here, if i ever do find another girl that I actually want to marry.

Also, more questions... how will I ever know what she does, as far as working 40 quarters or applying for citizenship? Can she still apply for citizenship? Does it matter who files for divorce? Should I make her file?

The only way you'll know what she does is if you stay in touch with her. The US government isn't going to give you any updated information about her, such as whether or not she's worked 40 quarters or become a US citizen.

She can apply for citizenship five years after she originally became a permanent resident.

Whether or not it makes a difference who files for the divorce depends on the state you live in, and whether or not the divorce will be contested. If you live in a no-fault divorce state, and you don't expect the divorce to be contested, then it shouldn't make any difference. In most states you shouldn't have to pay any spousal support after a marriage of only three years.

FWIW, a lot of FSU girls really ARE great actresses.

[NickD 203]

Not my problem, least not yet, but felt completely threatened as a sponsoring US citizen for fraud by the USCIS. But what if you are the victim of fraud? Is that USCIS there to protect you?

I know with problems we had with this good old USCIS, I couldn't do a thing about it, but my senator sure could. You also submitted evidence with your name on it and had to sign that I-751, only to learn you are the victim of fraud. If I were in your boots, would present your case to your senator's office and see what assistance they can give you. It sure doesn't hurt to try. If they do block her ten year card, she would have no other choice than to leave.

Should be better than not doing anything. Also can wonder about the legality of that I-864, its really not done under free will, you are forced to sign it.

[Ivy. 113]

Not my problem, least not yet, but felt completely threatened as a sponsoring US citizen for fraud by the USCIS. But what if you are the victim of fraud? Is that USCIS there to protect you?

I know with problems we had with this good old USCIS, I couldn't do a thing about it, but my senator sure could. You also submitted evidence with your name on it and had to sign that I-751, only to learn you are the victim of fraud. If I were in your boots, would present your case to your senator's office and see what assistance they can give you. It sure doesn't hurt to try. If they do block her ten year card, she would have no other choice than to leave.

Should be better than not doing anything. Also can wonder about the legality of that I-864, its really not done under free will, you are forced to sign it.

I hate it that every time a binational marriage falls apart, the LPR seems to get accused of tricking the poor USC into this to get a GC. Seriously, now he was "forced to sign the I-864"? He was a victim of fraud?

The OP does not believe so. Even if she had been planning to get divorced after her ROC for a couple of months, it does not mean the relationship/marriage was not entered into with good faith.

Honestly, why would you say this? You wanna get a woman deported with no proof what so ever, no doubts from the OP, just because it fits the stereotype?

I hope my marriage never falls apart, but if it does and I get accused of something like this just because it was me moving to him (and not him moving to me), I would rip someone a new one.

[Ivy. 113]

ATXtacos, I am sorry this is happening to you. All the information I could have given you is already provided. Give your self time to get over this before you start planning a second marriage and I do hope the next woman that makes you happy is from the U.S. so you can be with her whenever you want. <3

[ConGau1981 56]

What if she remarries? Would you still be responsible to support her?

[VanessaTony 3,567]

What if she remarries? Would you still be responsible to support her?

He is not required to support her unless a court orders it. The i-864 can only be enforced by a court. But yes, even if she remarries he is bound by the I-864 until she gives up her GC, becomes a USC, works 40 quarters or dies.

[Natalie y Richard 14]

Same thing happen to me. Except I filed an I 130 while he was here. Good thing is my sister played sponsor because i was a student. I am now marrying my fiance from Dominican republic and so far so good. Im sure you will be fine as long as you are in a bonafide relationship and u may need a sponsor.

[bigdog 376]

Good Luck with this.

[aws&ndd 103]

How would you know when you no longer have to put her down on another affidavit of support? Since unless you keep in touch, you won't know anything. Do you just automatically claim her unless you had proof that you didn't need to? What have others done in that case?

[OnMyWayID 1,489]

How would you know when you no longer have to put her down on another affidavit of support? Since unless you keep in touch, you won't know anything. Do you just automatically claim her unless you had proof that you didn't need to? What have others done in that case?

That is a very good question.. If he is responsible he should have the right to know the current status of his obligation.