Spouse left for two months

[Golden Gate 530]

Thank you for all your advice especially "Golden Gate". The meetup group and social services advice is useful. As for room mates, the landlord wont allow me to look for another unfortunately. He is already found someone to take over I think.

Sandranj, I am going to immigration to ask what is the affidavit of support for and if someone cannot be held accountable for their immigrant spouse then what is the purpose of this form? Like I said, I dont want his money but I'd like knowledge on my rights.

[BaronB 42]

So he physically assaulted you but you don't consider that abuse? Hey, the choice is yours. This is now the second time I am seeing someone coming on here, talking about abusive behaviour and then making excuses for the perpetrator.

[rlogan 2,036]

The story needs to be straight.

Married a year, but he left after two months. He gave one month's notice to the landlord, I infer after the fight.

So it was marriage overseas? Then after living in the USA a month there was a big fight with physical abuse? Then he gave a month's notice to the landlord and moved one month later?

It begs the question what was going on that second month while living together after the fight, whether you knew he had given the one month notice to the landlord or not, and how you were getting along during that period.

Because the way you told the story the first time it sounded like you had a fight and he moved out, making a rash decision. But this sounds more like careful planning. It sounds like the fight must have been over something that never got resolved, and isn't going to be resolved. Like over a major marriage expectation as opposed to fighting over what movie to watch.

[Sad and Blue 0]

The story is straight. I married in the US and this is my first year here. Dont see if there was a problem in my wording?

[jyaku 138]

The first thing the immigration officer will ask you is where is the proof of abuse/ battered spouse? Did you file a police report? Did they document the evidence? Because otherwise this whole thing seems like it was just made up for immigration benefits.

As for lawsuits against your spouse, it'll take years to get something resolved and even then if you want something, he very simply has to stop working, stay in his parents house for 5 years and you can't collect 1 cent because legally he doesn't have 1 cent to his name.. nothing in banks, no property assets, and no income. Also 5 years from the date he signed the affidavit of support, the statute of limitations will run out. He just has to wait for 5 years from the date of that paper and that paper is meaningless.

During the court case, he can also claim in court like he could take care of you if his expectations were met, but if you were with another guy, why should he pay for you when you're with another person and have another person's child.. and if the court rules in his favor, you'll have to pay for his lawyer besides your own. Remember if you're the plaintiff, the defendant is innocent until proven guilty and all he has to prove is "reasonable doubt".

That said if in the end you do apply for public assistance, you will have a hard time qualifying for citizenship because you need to show you're not on public benefits at any time in the recent past.

So to sum up your story, sure you have rights to use the legal system but the result may not be one that you want.

[NikLR 13,227]

I have no intention of divorcing as I feel given time I may be able to work this out. However my husband may feel differently and reacts out of anger. I hear California is a no fault divorce state and that he can divorce without my signature. Is this true?

I suggest you reconsider divorce because unless you're divorced you will not successfully remove the conditions on your green card if you intend to continue living in the USA. You cannot jointly file the I-751 because you are no longer together but you wouldn't qualify for the divorce waiver if you're not divorced.

[rlogan 2,036]

The story is straight. I married in the US and this is my first year here. Dont see if there was a problem in my wording?

I apologize for mis-reading something. He left "for two months" was how you worded it. I read it as left "after two months". My fault on that one. Sorry!

So if I understand now, he decided to leave immediately after the fight, and went to the landlord to say "This is your one month's notice..." as he was leaving.

That seems so extreme for a one-time fight. Was there no history of fighting before it? What could cause that kind of complete reversal?

[Pinkrlion 2,722]

Right now I think you will probably need to focus on finding another job and a place to live. Try the International Institute in your city, and see if they can provide some financial assistance to pay rent. It is true that when he files for divorce in CA, and he is no longer working or has any means of income and you work, you will have to pay spousal support. Try to focus on getting yourself together and then worry about the rest.