Friend dumping his filipina wife

[novedsac 355]

Is the daughter his? From reading the posts, I've got the feeling the daughter is NOT his.

I'm don't see much in the line of responsibility here … he wants a divorce, as is his right. Sure, it sucks that he brought her here and then just gives up. But if the daughter is not his, then he has no responsibility there. With such a short duration marriage, there's little chance she's gonna convince a judge of long term spousal support, educational/retraining expenses and I hardly doubt they've accumulated significant assets in those few months which would result in anything coming to her from that.

Her best option is to file for temporary spousal support while the divorce is in process - it's a long shot, but better than her chances of getting a permanent judgement in her favor. At best, she could use the threat of the I864 as a negotiating tool for some settlement, but she has to keep her expectations realistic here as they are not very good.

Even with a green card, I believe it'll be a few years before she is eligible for most federal means-tested benefits, but state and local benefits may be more accessible to her.

Edited August 16, 2014 by novedsac

[clairegie 265]

The I-864 doesn't mean he has to pay for her. It means if she gets welfare the gov can sue him to pay it back. She should get her own job and move on, or get a divorce settlement, though with such a short marriage alimony will be more difficult. She has her GC so she is all set for immigration. I know this is a regional forum, but people should know better. Just getting misinformation here.

I don't need you to be nicer to me. I just posted what is exactly on the I-864 and didn't give any personal opinion about "him having to pay for her". It is merely a reminder of what was on the affidavit of support that the person signed. If you have any issues about the wording of the instructions (since you clearly think its misinformation), please direct it to USCIS.

[Merrytooth 5,748]

I don't need you to be nicer to me. I just posted what is exactly on the I-864 and didn't give any personal opinion about "him having to pay for her". It is merely a reminder of what was on the affidavit of support that the person signed. If you have any issues about the wording of the instructions (since you clearly think its misinformation), please direct it to USCIS.

Harpa is being factual about I-864. I don't see anything wrong with that.

I-864 is the contract between the USC and the US govt.

[clairegie 265]

Harpa is being factual about I-864. I don't see anything wrong with that.

I-864 is the contract between the USC and the US govt.

And posting a copy of the I-864 instructions isn't factual? As you said, it a contract between the USC and the US Gov't, which means it is included in what the USC should consider given his situation. How is that misinformation?

Edited August 17, 2014 by iammrsregi

[Boiler 45,756]

I 864 is likely irrelevant.

She has her GC she can get a job.

Sounds like she was to also do classes, well that would be a trip to the local Community College.

And it sounds that you will help provide food and lodging etc whilst she gets on her feet.

Anything else is likely to depend on the generosity of your friend.

[renecherubs 18]

I think the first thing she should do, since she has GC already and done with AOS, is to find a job. Any job. Working in a restaurant, caregiver (which she can go as walk in), janitorial jobs etc. There are several care homes for sure in your area. She can research or walk in on care homes near (walking distance) from your place. Carehomes can hire you right away and start the next day (based on personal experience). She needs to have a job to support her and her daughter. And from there she can now start a new life with her daughter and file for divorce. God bless her. I know it's trying times for her. But for sure, it will not be forever.

[FoundMy#1 9]

Your friend will have to belly up to the bar...

The AOS is complete it sounds like. Get her to a divorce attorney... So that her rights are fully represented.

[Karee 4,190]

Type of visa makes a difference sort of. CR-1 or K-1? (AOS is done at different times with each visa) Did they complete AOS? Does she have her green card? He signs the I-864 for AOS, which is a 10 year comment for the most part.

If they have not done AOS it is possible to complete this after a divorce so the person can stay in the USA, but without Adjustment of Status she will have to return to the Philippines. If he has not signed the I-864 his obligations are different.

A divorce lawyer may be helpful for some issues.

Incorrect. There is no AdjustmentOfStatus for CR-1.

[Dave & Mong 29]

No info. to give here but I also am in westewrn PA. If you wish to talk, IM me, I'll share my cell.

[edwardteresa4ever 18]

Thanks for all the comments, Ed & Gina in particular. I think this will be helpful in offering her guidance for the future. I think the number one takeaway is he needs to do the right thing, followed by her simply needing to move on, find a part time job and start anew.

Thanks Guys.

[Karee 4,190]

Did you send a marriage certificate to NVC? Did you send an I-864 to NVC? = The green card was approved at NVC so that when the immigrant arrives in the USA a green card is issued immediately .... which is my point.... still.

That is the essence of how the K-1 adjust status... not going to play word games with you.

Words and terms matter when going through this process. No games. Yes I sent a marriage certificate and I-864 to NVC. Not to adjust status though. It was sent as part of the NVC process to apply for an IR-1 visa. The green card is NEVER approved at NVC. NVC only approves visa applications. USCIS issues green cards.

Again so you can read it. THERE IS NO REASON FOR A CR-1 VISA HOLDER TO ADJUST STATUS... EVER!

It is not even close to how a K-1 adjusts status. The only thing that is similar is that the I-864 is used. In the case of a CR-1 visa applicant, the I-864 is filed with NVC. In the case of K-1 visa who has already arrived in the U.S., the I-864 is filed with USCIS as part of the I-485 package when adjusting status.

[Ryan H 3,818]

~~~Closed for review.~~~

>>>Thread back open, 23 posts removed for the following reasons:<<<

• Posts did not directly address the OP or their specific situation.
• Posts contained information that was grossly incorrect about the spousal visa process.
• Some posts were unnecessarily bickering and argumentative in nature that derailed the purpose of the thread.

***Going forward, please address directly address the OP and their situation in your replies. If inaccurate information is posted and subsequently corrected, accept it and move on, do not derail the thread by bickering with other members. Any additional posts that disregard this admonition will result in a thread ban for the poster.***

Edited August 17, 2014 by Ryan H