Divorce - USC

[Nich-Nick 3,354]

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.

Link http://www.uscis.gov/i-865

[Elf 146]

Actually, I do have a few more question.

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?

From the VJ Guides

Q: Is this the only way to remove conditions?

A: According to the law, detailed in 8 CFR 216.5, the alien can petition to remove conditions by way of a waiver of the joint filing requirement with the US citizen spouse. The waiver may be filed at any time (i.e., before, during or after the 90-day filing window). The waiver may be sought if the joint petition cannot be filed due to:

--o The termination of the marriage through annulment, divorce, or the death of the petitioning spouse;

--o The refusal of the petitioning spouse to join in the filing of the petition;

--o A conditional resident child being unable to be included in the joint petition of his or her parent (e.g., if the parent died before seeking removal of conditions);

--o The conditional resident being unable or unwilling to file the joint petition because the petitioning spouse is an abusive spouse or parent.

He would still need to prove that the marriage was entered into in good faith, i.e. not simply for immigration benefits.

And from USCIS,

If You Are In Divorce Proceedings But Are Not Yet Divorced

If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:

• You filed a waiver request. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).
• You filed a Form I-751 petition jointly. We will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

Upon receipt of the final divorce decree or annulment within the specified time period, we will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.

[Protocol417 161]

Link http://www.uscis.gov/i-865

From the VJ Guides

Q: Is this the only way to remove conditions?

A: According to the law, detailed in 8 CFR 216.5, the alien can petition to remove conditions by way of a waiver of the joint filing requirement with the US citizen spouse. The waiver may be filed at any time (i.e., before, during or after the 90-day filing window). The waiver may be sought if the joint petition cannot be filed due to:

--o The termination of the marriage through annulment, divorce, or the death of the petitioning spouse;

--o The refusal of the petitioning spouse to join in the filing of the petition;

--o A conditional resident child being unable to be included in the joint petition of his or her parent (e.g., if the parent died before seeking removal of conditions);

--o The conditional resident being unable or unwilling to file the joint petition because the petitioning spouse is an abusive spouse or parent.

He would still need to prove that the marriage was entered into in good faith, i.e. not simply for immigration benefits.

And from USCIS,

Thank you both.

[Protocol417 161]

From the VJ Guides

Q: Is this the only way to remove conditions?

A: According to the law, detailed in 8 CFR 216.5, the alien can petition to remove conditions by way of a waiver of the joint filing requirement with the US citizen spouse. The waiver may be filed at any time (i.e., before, during or after the 90-day filing window). The waiver may be sought if the joint petition cannot be filed due to:

--o The termination of the marriage through annulment, divorce, or the death of the petitioning spouse;

--o The refusal of the petitioning spouse to join in the filing of the petition;

--o A conditional resident child being unable to be included in the joint petition of his or her parent (e.g., if the parent died before seeking removal of conditions);

--o The conditional resident being unable or unwilling to file the joint petition because the petitioning spouse is an abusive spouse or parent.

He would still need to prove that the marriage was entered into in good faith, i.e. not simply for immigration benefits.

And from USCIS,

Do you know: If he doesn't file the paperwork properly, or at all (which is, with him, a distinct possibility... I did most of the research and paper-filing during the process), and he remains in the country illegally, does the Affidavit of Support still stand or is that considered him terminating his residency? I wasn't able to find anything about this (they probably assume people will just continue the legal route, I guess).

[Villanelle 4,122]

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)
  

Please re read the post on the previous page. They must lose their LPR status (which will happen if he fails to file for Removal of Conditions) AND leave the US.

[hoalhash 5]

what is 40 fiscal quarters?

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.

[Villanelle 4,122]

Social Security "quarters":

Quarters are also known as credits (for SS purposes)

"Credits are the "building blocks" we use to find out whether you have the minimum amount of covered work to qualify for each type of Social Security benefits. If you stop working before you have enough credits to qualify for benefits, your credits will stay on your record. If you return to work later on, you can add more credits so that you can qualify. No benefits can be paid if you do not have enough credits."

"The amount of earnings required for a quarter of coverage (QC) in 2016 is $1,260. "Quarter of coverage" is a legal term, but you may also see the term "Social Security credit" (or just "credit") used elsewhere. A QC is the basic unit for determining whether a worker is insured under the Social Security program. No matter how high your earnings may be, you can not earn more than 4 QC's in one year."

You can see this pamphlet about earning credits.- https://www.ssa.gov/pubs/EN-05-10072.pdf,

you can also view this more in detailed explanation- https://www.socialsecurity.gov/oact/cola/QC.html

When you work and pay Social Security taxes, you earn up to a maximum of four "credits" for each year so for the purposes of the aff of support/ Social Security if you work FULL TIME, it will take apx 10 years to make 40 quarters. If you work part time or sporadically it will take longer.

You can verify your quarters worked for Social Security by requesting your personal earnings and benefit statement available here :

http://www.ssa.gov/mystatement

[newacct 688]

If I refuse to sign, what happens then?

He can file for divorce, and file for Removal of Conditions under the basis of divorce even though the divorce is not final yet. They will give him an RFE with time to wait for his divorce to be finalized and send in the divorce order.

Do you know: If he doesn't file the paperwork properly, or at all (which is, with him, a distinct possibility... I did most of the research and paper-filing during the process), and he remains in the country illegally, does the Affidavit of Support still stand or is that considered him terminating his residency?

Yes, it still stands.

[Lowlie 191]

I'm assuming the divorce was not part of the plan when you got married?

The marriage wasn't for the purpose of helping him immigrate, with plans to go your separate way later when he could have his own life in the USA?

Sorry, it's just that I hear about things like that all the time, so it made me curious if that might be the situation. It was an awfully short marriage.

[TBoneTX 45,659]

This was essentially answered in posts #3 & #6 of this thread.

[Boiler 45,761]

I'm assuming the divorce was not part of the plan when you got married?

The marriage wasn't for the purpose of helping him immigrate, with plans to go your separate way later when he could have his own life in the USA?

Sorry, it's just that I hear about things like that all the time, so it made me curious if that might be the situation. It was an awfully short marriage.

OP's husband is from the UK. And nowhere was this suggested.

[Pennycat 880]

Do you know: If he doesn't file the paperwork properly, or at all (which is, with him, a distinct possibility... I did most of the research and paper-filing during the process), and he remains in the country illegally, does the Affidavit of Support still stand or is that considered him terminating his residency? I wasn't able to find anything about this (they probably assume people will just continue the legal route, I guess).

I think at this point, just to cover your bases, you should consult your divorce attorney, and if you don't already have one, consult one who also specializes in immigration issues. There are quite a few, as you may imagine (because one often effects the other).

It is in theory possible that he could be granted alimony based on your signing the affidavit of support-- but that's not a US government thing, that's a divorce court thing (and the short marriage makes it pretty unlikely, in my opinion). In terms of the affidavit of support and your responsibilities with the government and benefits etc, no. It's as long as he is physically present, until he is a citizen or leaves permanently. Now, it wouldn't be easy for him to get any sort of benefits if he's here illegally and even if he manages it, it's not likely they'd come after your for reimbursement because as someone mentioned above, it costs the government more money to come after you than they've lost on him. But still. This is officially what the deal is and what we all have signed up for.

It is in place specifically to provide a strong disincentive for petitioners to allow their beneficiaries from coming here for benefits (mostly aimed at those who marry solely for immigration purposes--- you'd in theory be a lot less likely to help out your neighbor's cousin's son immigrate if it means that you're financially on the hook for them for years, regardless of divorce), but also for this type of scenario.