Divorce Questions

[noodle192000 1]

I guess I should start this with a timeline of sorts. I met my husband in 2006, when I was on a penpal site. I ended up visiting him in China when my study abroad trip fell through and visited him several times after that during my holidays from college. We ended up filing for his K-1 and he came to the US in September of 2009. He got his conditional green card in April 2010 and that was when the domestic violence accusations started. Luckily the police never believed him but I was so terrified that I ended up moving back in with my mother and filing for divorce that July, just before he left for another state. He was angry that I had filed for divorce so I filed "no fault" so it would not require his signature or court appearance to go forward. All I wanted to do was get him away from me for good.

The divorce was finalized in October of 2010 but I haven't heard from him since shortly after I filed that July. Since then, I have heard nothing from him or the USCIS. I've since moved on with my life but part of me is afraid that I could still be held liable for supporting him.

My mother was his co-sponsor since I was a grad student when we were married and she was the primary source of income. She died in August of 2010, while we were still legally married. Does it make a difference that the co-sponsor died? Does it also make a difference that we were legally married for less than a year?

Part of me thinks that I should have heard something by now since it has been four years since I filed for divorce.

[CowBoE 429]

According to this, sadly death of one of the co-sponsor doesn't terminate your responsibility to provide financial support.

http://www.osasimmigration.com/green-card-affidavit-support/termination-affidavit-support-obligation/

In this case, I think no news is good news. Perhaps, or he might not even know the affidavit of support burden you have.

Likely he must have sufficient income to live on, or have enough guilt to not burden you with financial support.

Also, if he was in temporary GC status, that should have expired while ago, so is he back in China?

Is he staying in US legally? Or is he legally able to apply and attain permanent GC by himself?

I'd say, keep you head low, because after about 10 years of him working,

he will earn enough credits to terminate your affidavit of support.

[Ryan H 3,834]

A joint sponsor's estate is relieved of I-864 obligations, specific to your case, your mom's estate has no obligation to your ex.

However, your responsibility under the I-864 is not relieved until one of the following occurs:

• Your ex can be credited with 40 quarters of work
• Your ex becomes a US Citizen
• Your ex leaves the country and surrenders his Green Card
• death of either party

[noodle192000 1]

According to this, sadly death of one of the co-sponsor doesn't terminate your responsibility to provide financial support.

http://www.osasimmigration.com/green-card-affidavit-support/termination-affidavit-support-obligation/

In this case, I think no news is good news. Perhaps, or he might not even know the affidavit of support burden you have.

Likely he must have sufficient income to live on, or have enough guilt to not burden you with financial support.

Also, if he was in temporary GC status, that should have expired while ago, so is he back in China?

Is he staying in US legally? Or is he legally able to apply and attain permanent GC by himself?

I'd say, keep you head low, because after about 10 years of him working,

he will earn enough credits to terminate your affidavit of support.

I have no idea where he is and that's the scary part--he has a relatively common name and the last I heard he was still in Miami. That was four years ago.

He kept threatening to use the VAWA route so I imagine if he had used it I would never find out.

[Caryh 5,206]

I have no idea where he is and that's the scary part--he has a relatively common name and the last I heard he was still in Miami. That was four years ago.

He kept threatening to use the VAWA route so I imagine if he had used it I would never find out.

That may have been his route to remove conditions, as it sounds like he had little opportunity to develop proof of a bonafide marriage.

[CowBoE 429]

I have no idea where he is and that's the scary part--he has a relatively common name and the last I heard he was still in Miami. That was four years ago.

He kept threatening to use the VAWA route so I imagine if he had used it I would never find out.

Are you really scared of him? Or are you missing him?

I get the feeling that you have mixed feelings.

If you want no part of him in your life, then just let it out of your mind

as he has made no attempts to contact you, so I think you are definitely out of his mind.

So I don't think you need to be scared of him.

Now that you are divorced, you can get restrain order if he does try to hassle you.

Just look forward and there are better man out there in the world for you.

[noodle192000 1]

Are you really scared of him? Or are you missing him?

I get the feeling that you have mixed feelings.

If you want no part of him in your life, then just let it out of your mind

as he has made no attempts to contact you, so I think you are definitely out of his mind.

So I don't think you need to be scared of him.

Now that you are divorced, you can get restrain order if he does try to hassle you.

Just look forward and there are better man out there in the world for you.

I am not scared of him. I didn't mention this in my post but I am engaged to someone else (a US citizen) and have a child with him. My main fear was getting sued for support out of nowhere.

He was very cruel during our marriage and the last thing I want is him returning. In hindsight, I should have tried to put charges on him.

[Eric-Pris 1,607]

Are you really scared of him? Or are you missing him?

I get the feeling that you have mixed feelings.

I think you are the only one who sees it that way. She has been pretty clear that she wants nothing to do with him.