Divorce - USC

[Protocol417 161]

I'd like to know if there's anything that, as the USC, I should do or be prepared for. Here are the details of my situation:

- My husband and I married in December of 2013

- He received his conditional green card around September of last year

- We have not yet filed to remove conditions

- We are still in the investigation process of the divorce, so nothing has been filed quite yet (though it will likely be within the next two weeks) and we don't expect the divorce to be finalized until early next year

- At the moment, he plans to stay in the US, if able (this may change)

Any suggestions or experiences you would like to share?

[IcezMan_IcezLady 582]

so what is your question?

Do you wanna give him hell or yall are going through this amicably?

[Protocol417 161]

so what is your question?

Do you wanna give him hell or yall are going through this amicably?

My question is if there is anything that I should be aware of, anything that I need to do (notify USCIS, etc), and so forth. I'm approaching this out of a desire to know my responsibilities as the USC and also to be prepared with knowledge of what to expect, and what has happened to other people in these circumstances (in order to avoid any potential difficulties).

I'm not interested in him being deported, if that's what you're asking. I'm trying my best to get through this amicably because that will make both of our lives a lot easier. (Now, whether or not that happens is a little bit out of my hands; he's not particularly happy about the separation.) I want this to go as smoothly as possible so we can both go on with our lives. What he chooses to do with his life afterwards is none of my business, aside from any legal responsibilities I may have.

[cappucino boy 29]

My question is if there is anything that I should be aware of, anything that I need to do (notify USCIS, etc), and so forth. I'm approaching this out of a desire to know my responsibilities as the USC and also to be prepared with knowledge of what to expect, and what has happened to other people in these circumstances (in order to avoid any potential difficulties).

I'm not interested in him being deported, if that's what you're asking. I'm trying my best to get through this amicably because that will make both of our lives a lot easier. (Now, whether or not that happens is a little bit out of my hands; he's not particularly happy about the separation.) I want this to go as smoothly as possible so we can both go on with our lives. What he chooses to do with his life afterwards is none of my business, aside from any legal responsibilities I may have.

OP I think you need to be a little more specific in the details of what you'd like to see happen ie; whether or not you want to continue to down the road to finish his AOS in order to specifically answer your question. It sounds as though you want to complete the process and then get divorced but want to know your responsibilities from that point on?

[IcezMan_IcezLady 582]

Your i-864 obligation is binding after divorce. Your only obligation is the I-864.

He can remove the conditions without you if he can prove bona fide relationship

[Protocol417 161]

OP I think you need to be a little more specific in the details of what you'd like to see happen ie; whether or not you want to continue to down the road to finish his AOS in order to specifically answer your question. It sounds as though you want to complete the process and then get divorced but want to know your responsibilities from that point on?

Whether he gets his 10 year GC is of no importance to me. If he wants to stay, great. If not, whatever. I really don't care one way or the other as it's his life, not mine. His residency is between him and the US government. My only goal is to move on with my life with the least amount of trouble and the most forewarning of potential issues as possible.

The answer could be as simple as "you have no legal obligations, and the divorce will be no different than divorcing a USC". Or it could be more complicated than that. That's what I'm trying to find out.

[Cheezees 1,514]

There is nothing you need/should do in this case. Your husband can remove conditions on his own with a divorce waiver and there is nothing you have to notify USCIS about. Your only obligation would before the I-864 which remains regardless of your marital status with him.

So in a nutshell, there is nothing you need to do as a USC soon-to-be-ex-spouse.

[Protocol417 161]

Your i-864 obligation is binding after divorce. Your only obligation is the I-864.

He can remove the conditions without you if he can prove bona fide relationship

Okay, thank you. This definitely helps point me in the right direction so far as research is concerned.

So, if I'm reading this correctly, I'm essentially still obligated to ensure that he doesn't become a burden upon the state, correct, and I could be sued and forced to provide "maintenance" if he does?

Is there a way to revoke this?

Is there a period of time after which I am no longer obligated to provide this support?

[Pennycat 880]

Whether he gets his 10 year GC is of no importance to me. If he wants to stay, great. If not, whatever. I really don't care one way or the other as it's his life, not mine. His residency is between him and the US government. My only goal is to move on with my life with the least amount of trouble and the most forewarning of potential issues as possible.

The answer could be as simple as "you have no legal obligations, and the divorce will be no different than divorcing a USC". Or it could be more complicated than that. That's what I'm trying to find out.

Essentially, the Affidavit of Support you signed for him for AOS is the only legal obligation you will have. If he never becomes a public charge, you have nothing to worry about. This obligation disappears once he as worked 40 fiscal quarters in this country (including the time you were married), abandons his legal residency, or becomes a US citizen.

Okay, thank you. This definitely helps point me in the right direction so far as research is concerned.

So, if I'm reading this correctly, I'm essentially still obligated to ensure that he doesn't become a burden upon the state, correct, and I could be sued and forced to provide "maintenance" if he does?

Is there a way to revoke this?

Is there a period of time after which I am no longer obligated to provide this support?

We were typing at the same time.

Yes, correct.

No you can't revoke it.

As stated above: he has to work (on the books) 40 fiscal quarters, abandon his green card or become a US citizen before you're off the hook.

[IcezMan_IcezLady 582]

Okay, thank you. This definitely helps point me in the right direction so far as research is concerned.

So, if I'm reading this correctly, I'm essentially still obligated to ensure that he doesn't become a burden upon the state, correct, and I could be sued and forced to provide "maintenance" if he does?

Is there a way to revoke this?

Is there a period of time after which I am no longer obligated to provide this support?

Nope...

You have passed that point where you could have withdrawn it.

So until your soon-to-be ex husband becomes a citizen, you are on the hook for any government assistance he receives.

Since you don't plan on been hard on him, hopefully, he returns that favor.

[Protocol417 161]

Essentially, the Affidavit of Support you signed for him for AOS is the only legal obligation you will have. If he never becomes a public charge, you have nothing to worry about. This obligation disappears once he as worked 40 fiscal quarters in this country (including the time you were married), abandons his legal residency, or becomes a US citizen.

We were typing at the same time.

Yes, correct.

No you can't revoke it.

As stated above: he has to work (on the books) 40 fiscal quarters, abandon his green card or become a US citizen before you're off the hook.

Nope...

You have passed that point where you could have withdrawn it.

So until your soon-to-be ex husband becomes a citizen, you are on the hook for any government assistance he receives.

Since you don't plan on been hard on him, hopefully, he returns that favor.

Thank you both, I think this has answered my questions

[Nich-Nick 3,354]

Thank you both, I think this has answered my questions

You have an obligation as sponsor on his I-864 to report your change of address to USCIS any time you move.

[Elf 146]

Is there a period of time after which I am no longer obligated to provide this support?

Responsibility under the i-864 continues until the beneficiary does one of the following:

• Becomes a US citizen
• Loses their LPR status and leaves the US permanently
• Dies
• Earns 40 qualifying quarters of work credited towards Social Security (i.e. typically after 10 years of qualifying work)

As I understand it, though, while the Affidavit Of Support gives the US Government the right to come after you for reimbursement if your ex-husband receives certain benefits, in practice it almost never happens because the cost of doing so is greater than the amount they would recover.

[Protocol417 161]

You have an obligation as sponsor on his I-864 to report your change of address to USCIS any time you move.

Thank you for this. When we moved, he notified them of change of address, but I didn't know I also needed to do so.

[Protocol417 161]

Actually, I do have a few more question.

He would be applying to remove conditions in about 3 months, I believe. If we are not divorced by the time that happens, as I understand it, and he decides to stay in the country, he would have to apply under the fact that we are still a married couple (as in, not on his own like with the scenario Ayisi&Phyllis mentioned), which would require my signature on the paperwork. If I refuse to sign, what happens then? Does he just get an extension until after the divorce has finalized and then he applies on his own? Or could his window of opportunity close which would prevent him from getting his 10-year green card?

What happens if he doesn't get the 10-year GC and stays in the country illegally?

I'm only asking because he can sometimes have a bit of a vindictive streak, and his work history is not very stable (things I learned after our marriage), so I'm worried that he may actually become a liability and possibly use this to force me to pay him maintenance.